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State v. Miller

Court of Appeals of Oregon
Jul 24, 2024
334 Or. App. 24 (Or. Ct. App. 2024)

Opinion

A181099

07-24-2024

STATE OF OREGON, Plaintiff-Respondent, v. LIANNA ROSE MILLER, Defendant-Appellant.

Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Joshua B. Crowther, Chief Deputy Defender, fled the brief for appellant. Jennifer S. Lloyd, Assistant Attorney General, waived appearance for respondent.


This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).

Submitted June 14, 2024.

Washington County Circuit Court 22CR55168 Ronald W. Stone, Judge.

Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Joshua B. Crowther, Chief Deputy Defender, fled the brief for appellant.

Jennifer S. Lloyd, Assistant Attorney General, waived appearance for respondent.

Before Lagesen, Chief Judge, and Egan, Judge.

Affirmed.

EGAN, J.

Defendant was convicted for driving while suspended ("DWS"), ORS 811.182(4). Her appointed counsel filed a brief pursuant to ORAP 5.90 and State v. Balfour, 311 Or. 434, 814 P.2d 1069 (1991). The brief does not contain a Section B. See ORAP 5.90(1)b). We affirm.

As authorized by ORS 2.570(2)(b), this matter is determined by a two-judge panel. See, e.g., State v. Yother, 310 Or.App. 563, 484 P.3d 1098 (2021) (deciding matter submitted through Balfour process by two-judge panel); Ballinger v. Nooth, 254 Or.App. 402, 295 P.3d 115 (2012), rev den, 353 Or. 747 (2013) (same).

In March 2023, defendant petitioned the trial court to enter a guilty plea for DWS. The trial court accepted the plea and followed the stipulated sentence, which involved placing defendant on bench probation for 18 months. Having reviewed the record, including the trial court file, the transcript of the hearings, and the Balfour brief, and taking into account our statutorily circumscribed authority to review, see ORS 138.105, we have identified no arguably meritorious issues.

Affirmed.


Summaries of

State v. Miller

Court of Appeals of Oregon
Jul 24, 2024
334 Or. App. 24 (Or. Ct. App. 2024)
Case details for

State v. Miller

Case Details

Full title:STATE OF OREGON, Plaintiff-Respondent, v. LIANNA ROSE MILLER…

Court:Court of Appeals of Oregon

Date published: Jul 24, 2024

Citations

334 Or. App. 24 (Or. Ct. App. 2024)