State v. Rosengren

335 Or. App. 778

Opinion

778 October 30, 2024 No. 779

This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).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

JEFFREY J. ROSENGREN,

Defendant-Appellant. Lane County Circuit Court 22CN00136; A181976

Marc Friedman, Judge. Submitted September 13, 2024. Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Morgen E. Daniels, Chief Deputy 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Nonprecedential Memo Op: 335 Or App 778 (2024) 779

EGAN, J. Defendant appeals a judgment of contempt. 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 The state charged defendant with three counts of contempt of court for failure to pay child support obligations . After a contested hearing in which defendant argued inability to pay, the trial court found defendant in contempt of court and imposed a concurrent sentence of 180 days in jail on each count. Having reviewed the record, including the trial court file, the transcript of the hearings, and the Balfour brief, 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).