State v. Miller

334 Or. App. 24

Opinion

24 July 24, 2024 No. 513

This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).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. LIANNA ROSE MILLER, Defendant-Appellant. Washington County Circuit Court 22CR55168; A181099

Ronald W. Stone, Judge. Submitted June 14, 2024. Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Joshua B. Crowther, Chief Deputy Defender, 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 Nonprecedential Memo Op: 334 Or App 24 (2024) 25

EGAN, J. Defendant was convicted for driving while sus- pended (“DWS”), ORS 811.182(4). Her appointed counsel filed a brief pursuant 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 In March 2023, defendant petitioned the trial court to enter a guilty plea for DWS. The trial court accepted the plea and followed the stipulated sentence, which involved placing defendant on bench probation for 18 months. Having reviewed the record, including the trial court file, the tran- script 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).