Opinion
A182638
12-26-2024
STATE OF OREGON, Plaintiff-Respondent, v. DONALD JAMES MICHAEL BONINE, Defendant-Appellant.
Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Shawn Wiley, 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This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).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 November 8, 2024
Lane County Circuit Court 20CR13294
Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Shawn Wiley, 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.
Defendant was convicted of one count of first-degree unlawful sexual penetration, ORS 163.411 (Count 1), and two counts of using a child in a display of sexually explicit conduct, ORS 163.670 (Counts 3 and 5). In a nonpreceden-tial decision, we reversed defendant's conviction on Count 5, remanded for resentencing, and otherwise affirmed. State v. Bonine, 326 Or.App. 662, 667 (2023) (nonprecedential memorandum opinion). On remand, after a resentencing hearing, the trial court imposed a sentence of 300 months in prison on Count 1 and a concurrent sentence of 70 months in prison on Count 3. Defendant appeals and his 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 Balfour brief, we have identified no arguably meritorious issues.
Affirmed.