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State v. Mendibles

Court of Appeals of Oregon
Apr 24, 2024
332 Or. App. 250 (Or. Ct. App. 2024)

Opinion

A180544

04-24-2024

STATE OF OREGON, Plaintiff-Respondent, v. MICHAEL ANDREW MENDIBLES, Defendant-Appellant.

Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Marc D. Brown, Deputy Public Defender, filed 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This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).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 March 8, 2024.

Clackamas County Circuit Court 21CR58667 Katherine E. Weber, Judge.

Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Marc D. Brown, Deputy Public Defender, filed the brief for appellant.

Jennifer S. Lloyd, Assistant Attorney General, waived appearance for respondent.

Before Lagesen, C. J., and Egan, J.

Affirmed.

EGAN, J.

Defendant appeals from a judgment of conviction for unauthorized use of a vehicle, ORS 164.135 (UUV). 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).

The state charged defendant with UUV and fleeing or attempting to elude a police officer, ORS 811.540. After a court trial, defendant was convicted of UUV, and the other charge was dismissed. At a sentencing hearing in which defendant was sentenced in seven pending criminal cases, the trial court sentenced defendant to 18 months in prison for the crime of UUV in Case No. 21CR58667, with 12 months to run consecutive to an 18-month sentence imposed in Case No. 21CR36251.

Having reviewed the record, including the pretrial proceedings, the arguments and testimony during defendant's court trial, and the arguments at sentencing, and having also reviewed the Balfour brief, we have identified no arguably meritorious issues.

Affirmed.


Summaries of

State v. Mendibles

Court of Appeals of Oregon
Apr 24, 2024
332 Or. App. 250 (Or. Ct. App. 2024)
Case details for

State v. Mendibles

Case Details

Full title:STATE OF OREGON, Plaintiff-Respondent, v. MICHAEL ANDREW MENDIBLES…

Court:Court of Appeals of Oregon

Date published: Apr 24, 2024

Citations

332 Or. App. 250 (Or. Ct. App. 2024)