Opinion
A181132
07-24-2024
Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Bruce A. Myers, 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This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).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
Yamhill County Circuit Court 23CR06424, 21CN05720, 21CR38690, 21CR58821; A181132 (Control), A181320, A181321, A181322, Ladd J. Wiles, Judge. (Case No. 23CR06424-Second Amended Judgment entered March 28, 2023), Jennifer K. Chapman, Judge. (Case No. 21CN05720, Judgment entered April 14, 2023; Case No. 21CR38690, Judgment entered April 13, 2023; Case No. 21CR58821, Judgment entered April 13, 2023) Affirmed.
Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Bruce A. Myers, 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.
LAGESEN, C. J.
In this consolidated appeal, defendant appeals a judgment of conviction and three probation violation judgments. 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 March 2023, defendant pleaded guilty to conspiracy to commit theft in the first degree, ORS 161.450, and violating a stalking protective order, ORS 163.750. See Case No. 23CR06424. The trial court placed defendant on supervised probation for 24 months. However, defendant subsequently admitted to three probation violations, and he was sentenced to 15 days in jail for each of the violations, to run consecutively, with early release for inpatient treatment at the discretion of the probation officer. See Case Nos. 21CN05720, 21CR38690, and 21CR58821.
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.