State v. Suarez-Sanchez

335 Or. App. 758

• Court: Court of Appeals of Oregon
• Decided: October 30, 2024
• Docket: A180981
• Status: Unpublished

Opinion

758 October 30, 2024 No. 770

This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).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. SERGIO SUAREZ-SANCHEZ, Defendant-Appellant. Jefferson County Circuit Court 22CR02880; A180981

Annette C. Hillman, Judge. Submitted September 13, 2024. Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Daniel C. Bennett, Deputy Public Defender, 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. Nonprecedential Memo Op: 335 Or App 758 (2024) 759

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 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 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).