Opinion
A182455
08-28-2024
DAVID SAMUEL WASHINGTON, aka David S. Washington, Petitioner-Appellant, v. David PEDRO, Superintendent,Eastern Oregon Correctional Institution, Defendant-Respondent.
Jason Weber and Equal Justice Law filed 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This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).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 July 12, 2024
Umatilla County Circuit Court 21CV13025; Jenefer Stenzel Grant, Senior Judge.
Jason Weber and Equal Justice Law filed 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 bench trial, petitioner was convicted of first-degree rape, first-degree kidnapping, and first-degree burglary. Petitioner appealed his judgment of conviction, and we affirmed in a written opinion. State v. Washington, 266 Or.App. 133, 337 P.3d 859 (2014), rev den, 356 Or. 767 (2015). In a successive petition for post-conviction relief, petitioner argued that he would not have waived his right to a jury trial if he had known that there was a possibility that the United Supreme Court would subsequently require jury decisions to be unanimous. The post-conviction court denied petitioner's claim for relief finding that his waiver of his right to a jury trial was voluntary, knowing, and intelligent.
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.