Opinion
A182009
09-25-2024
STATE OF OREGON, Plaintiff-Respondent, v. MATHEW ALLAN THORNE, Defendant-Appellant.
Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Sarah De La Cruz, Deputy Public Defender, Oregon Public Defense Commission, fled the brief for appellant. Jennifer S. Lloyd, Assistant Attorney General, waived appearance for defendant.
This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).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 August 9, 2024
Lane County Circuit Court 23CR02509; A182009 Stephen W. Morgan, Judge.
Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Sarah De La Cruz, Deputy Public Defender, Oregon Public Defense Commission, fled the brief for appellant.
Jennifer S. Lloyd, Assistant Attorney General, waived appearance for defendant.
Before Lagesen, Chief Judge and Egan, Judge
LAGESEN, C. J.
Defendant appeals a judgment of conviction entered after guilty pleas. Defendant pleaded guilty to sexual abuse in the first degree, ORS 163.427; three counts of sodomy in the second degree, ORS 163.395; unlawful sexual penetration in the second degree, ORS 163.408; and three counts of using a child in display of sexually explicit conduct, ORS 163.670. The parties jointly recommended a sentence of 300 months in prison, credit for time served, no eligibility for early release, and 45 months of post-prison supervision. The trial court imposed that sentence. 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).
Defendant's 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). Having reviewed the record, including the trial court file and the transcript of the hearings, and having reviewed 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.