Opinion
A181188
07-24-2024
STATE OF OREGON, Plaintiff-Respondent, v. ANTHONY JOSEPH THOMPSON, Defendant-Appellant.
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 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This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).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 22CR41718, Cynthia L. Easterday, Judge.
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 Lloyd, Assistant Attorney General, waived appearance for respondent.
Before Lagesen, C. J., and Egan, J. LAGESEN, C. J.
LAGESEN, C. J.
After a jury trial, defendant was convicted of throwing away lighted material in a prohibited area, ORS 476.715, and offensive littering, ORS 164.805. The trial court sentenced defendant to 60 days in jail. 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).
Having reviewed the record, including the trial court file, the transcript of the hearings and the jury trial, and having reviewed the Balfour brief, we have identified no arguably meritorious issues.
Affirmed.