State v. Rhodes ( 2024 )

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This is a nonprecedential memorandum opinion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 sex-
ually 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).