State v. Hurlburt

339 Or. App. 458

Opinion

458 April 2, 2025 No. 288

This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).

IN THE COURT OF APPEALS OF THE STATE OF OREGON

STATE OF OREGON, Plaintiff-Respondent, v. AUSTIN TYLER HURLBURT, Defendant-Appellant. Clatsop County Circuit Court 23CR11497; A183387

Beau V. Peterson, Judge. Submitted February 14, 2025. Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Emily P. Seltzer, Deputy Public Defender, Oregon Public Defense Commission, filed the brief for appellant. Jennifer S. Lloyd, Assistant Attorney General, waived appearance for respondent. Before Lagesen, Chief Judge, and Egan, Judge. EGAN, J. Affirmed. Nonprecedential Memo Op: 339 Or App 458 (2025) 459

EGAN, J. Defendant challenges a judgment entered after he pleaded guilty to three counts of first-degree aggravated theft, ORS 164.057. His appointed counsel filed a brief pur- suant to ORAP 5.90 and State v. Balfour, 311 Or 434, 814 P2d 1069 (1991). The brief does not contain a Section B. See ORAP 5.90(1)(b). We affirm.1 Defendant and his wife spent over $400,000 that belonged to the estate of his wife’s mother, and defendant pleaded guilty to three counts of first-degree aggravated theft. The trial court sentenced him to 36 months of pro- bation, and defendant was ordered to pay restitution in the amount of $401,130.93. 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.

1 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 P3d 1098 (2021) (deciding matter submitted through Balfour process by two-judge panel); Ballinger v. Nooth, 254 Or App 402, 295 P3d 115 (2012), rev den, 353 Or 747 (2013) (same).