Opinion
A182845
07-24-2024
ADAM KOHL SUMMERLYN, Petitioner-Appellant, v. Corey FHUERE, Superintendent,Oregon State Penitentiary, Defendant-Respondent.
Laura Graser fled the brief for appellant. Ryan Kahn, 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This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).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 22CV20544 Patricia A. Sullivan, Senior Judge.
Laura Graser fled the brief for appellant.
Ryan Kahn, Assistant Attorney General, waived appearance for respondent.
Before Lagesen, Chief Judge, and Egan, Judge.
EGAN, J.
Petitioner appeals from a judgment denying him post-conviction relief. 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).
After a trial, petitioner was acquitted of attempted murder, but found guilty of first-degree assault with a firearm, felon in possession of a firearm (FIP), and unlawful use of a weapon with a firearm (UUW). After merging the guilty verdicts on the FIP and UUW counts, the trial court sentenced defendant to 106 months in prison. On direct appeal, we affirmed the judgment of conviction. State v. Summerlyn, 316 Or.App. 230, 501 P.3d 1076 (2021), rev den, 369 Or. 505 (2022). In the post-conviction court, petitioner argued that his trial counsel was ineffective. Based on evidence including a declaration from petitioner's trial counsel, the post-conviction court found that petitioner's claims were not credible, and that trial counsel provided a vigorous, competent defense.
Having reviewed the record, including the postconviction court file and the transcript of the hearings, and having reviewed the Balfour brief, we have identified no arguably meritorious issues.
Affirmed.