State v. Cleaver ( 2024 )

No. 614 August 28, 2024 663
This is a nonprecedential memorandum opinion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.
DREW DOUGLAS CLEAVER,
aka Drew Cleaver,
Defendant-Appellant.
Malheur County Circuit Court
21CR27921; A181952
Erin K. Landis, Judge.
Submitted July 12, 2024.
Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Laura A. Frikert, 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.
664 State v. Cleaver
EGAN, J.
Defendant appeals a supplemental judgment entered
after a probation revocation hearing. 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
Defendant pleaded guilty to unlawful use of a
weapon, ORS 166.220. The trial court suspended imposition
of sentence and placed defendant on supervised probation
for a period of 24 months. Over a year later, defendant was
ordered to show cause why probation should not be revoked.
After a hearing, the trial court continued probation, ordered
10 days in jail with credit for time served, and ordered defen-
dant to complete eight days of work crew.
Having reviewed the record, including the trial
court file, the transcript of the probation revocation hear-
ing, 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).