Opinion
A180981
10-30-2024
Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Daniel C. Bennett, Deputy Public Defender, 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This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).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 September 13, 2024
Jefferson County Circuit Court 22CR02880; Annette C. Hillman, Judge.
Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Daniel C. Bennett, Deputy Public Defender, fled the brief for appellant.
Jennifer S. Lloyd, Assistant Attorney General, waived appearance for respondent.
Before Lagesen, Chief Judge, and Egan, Judge.
Affirmed.
LAGESEN, C. J.
Defendant appeals a judgment of conviction entered after he pleaded guilty to first-degree manslaughter, ORS 163.118; second-degree assault, ORS 163.175; and driving under the influence of intoxicants, ORS 813.010. The trial court sentenced defendant to an agreed total sentence of 160 months in prison and 36 months of post-prison supervision.
Defendant's 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).
Having reviewed the record, including the trial court file, the transcript of the hearings, and the Balfour brief, and taking into account our statutorily circumscribed authority to review, see ORS 138.105, we have identified no arguably meritorious issues.
Affirmed.