Opinion
A181387 A181388
07-24-2024
STATE OF OREGON, Plaintiff-Respondent, v. RIGOBERTO RODRIGUEZ-MORALES, Defendant-Appellant.
Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Stephanie J. Hortsch, Deputy Public Defender, Oregon Public Defense Commission, 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This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).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
Marion County Circuit Court 22CR62123, 23CR09329, Audrey J. Broyles, Judge.
Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Stephanie J. Hortsch, Deputy Public Defender, Oregon Public Defense Commission, fled the brief for appellant.
Jennifer S. Lloyd, Assistant Attorney General, waived appearance for respondent.
Before Lagesen, Chief Judge, and Egan, Judge.
EGAN, J.
In this consolidated appeal, defendant appeals two judgments of conviction. His 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 Case No. 22CR62123, defendant pleaded guilty to menacing, ORS 163.190, and resisting arrest, ORS 162.315. In Case No. 23CR09329, defendant pleaded guilty to assault in the fourth degree, ORS 163.160(2), and two counts of menacing, ORS 163.190. In the earlier case, Case No. 22CR62123, the trial court found defendant to be in violation of his probation and it was revoked. In Case No. 23CR09329, the trial court sentenced defendant to two consecutive terms of 364 days in jail. In Case No. 22CR62123, for the probation violation, the trial court sentenced defendant to an additional consecutive term of 364 days in jail.
Having reviewed the record, including the trial court file in both cases, 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.