Opinion
A182126
10-30-2024
STATE OF OREGON, Plaintiff-Respondent, v. OSCAR ENRIQUE RAMIREZ-IBARRA, aka Oscar E. Ramirez, Defendant-Appellant.
Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Daniel C. Bennett, 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This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).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 on September 13, 2024.
Jackson County Circuit Court 23CR30442; A182126 Jeremy A. Markiewicz, Judge.
Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Daniel C. Bennett, 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 appeals a judgment of conviction entered after he pleaded guilty to the offense of identity theft, ORS 165.800. 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 two counts of identity theft. Defendant pleaded guilty to one count of identity theft and the second count was dismissed. The trial court sentenced defendant to 13 months in prison and one year of post-prison supervision. 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(5), we have identified no arguably meritorious issues.
Affirmed.