State v. Lundy ( 2024 )

28 July 24, 2024 No. 515
This is a nonprecedential memorandum opinion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.
WILLIAM JAMES LUNDY,
Defendant-Appellant.
Lincoln County Circuit Court
22CR54566, 23CR00675; A181392 (Control), A181393
Sheryl Bachart, Judge.
Submitted June 14, 2024.
Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Emma McDermott, 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.
EGAN, J.
Affirmed.
Nonprecedential Memo Op: 334 Or App 28 (2024) 29
EGAN, J.
In this consolidated appeal, defendant challenges
judgments of conviction in Case No. 22CR54566 and Case
No. 23CR00675. Defendant pleaded guilty to felony stran-
gulation constituting domestic violence, ORS 163.187(4),
assault in the fourth degree constituting domestic violence,
ORS 163.160(2), and witness tampering, ORS 162.285. The
trial court sentenced defendant to 38 months in prison on
the strangulation conviction and a concurrent sentence of
25 months in prison for witness tampering. Defendant’s
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
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).