State v. Suarez-Sanchez ( 2024 )

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This is a nonprecedential memorandum opinion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Nonprecedential Memo Op: 335 Or App 758 (2024) 759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).