State v. Rhodes

335 Or. App. 765

Opinion

No. 773 October 30, 2024 765

This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).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

CEOTIS HEARSES ULYSSES RHODES, Defendant-Appellant.

Lincoln County Circuit Court 23CR30475; A182010

Sheryl Bachart, Judge. Submitted September 13, 2024. Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Stephanie J. Hortsch, 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. LAGESEN, C. J. Affirmed.

766 State v. Rhodes

LAGESEN, C. J. Defendant appeals a judgment of conviction entered after he pleaded guilty to the offense of luring a minor, ORS 167.057. His 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 Defendant admitted to sending messages of a sexually explicit nature to a minor for the purpose of inducing the minor to engage in sexual conduct. As part of the plea deal, the state agreed to dismiss a second charge. The trial court sentenced defendant to 14 months in prison and two years of post-prison supervision.

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(5), 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).