State v. Kamimae ( 2024 )

244 April 24, 2024 No. 265
This is a nonprecedential memorandum opinion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.
COREY TAKASKI KAMIMAE,
aka Corey Takashi Kamimae,
Defendant-Appellant.
Wasco County Circuit Court
21CR02838; A180779
Karen Ostrye, Judge.
Submitted March 8, 2024.
Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Brett J. Allin, Deputy Public Defender, Office
of Public Defense Services, filed the brief for appellant.
Jennifer S. Lloyd, Assistant Attorney General, waived
appearance for respondent.
Before Lagesen, C. J., and Egan, J.
LAGESEN, C. J.
Affirmed.
Nonprecedential Memo Op: 332 Or App 244 (2024) 245
LAGESEN, C. J.
Defendant appeals from a judgment of conviction
for first-degree burglary, ORS 164.225. His appointed coun-
sel 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
The state charged defendant with two counts of
first-degree burglary, ORS 164.225 (Counts 1 and 2); stran-
gulation, ORS 163.187 (Count 3); fourth-degree assault, ORS
163.160 (Count 4); harassment, ORS 166.065 (Count 5); and
interference with making a report, ORS 165.572 (Count 6).
Pursuant to a plea agreement, defendant pleaded no contest
to one count of first-degree burglary, ORS 164.225, and the
trial court dismissed the other counts. The trial court sen-
tenced defendant to a stipulated sentence of 36 months of
supervised probation and imposed conditions of probation
including no contact with the victim.
Having reviewed the record, including the trial court
file and the transcript of the hearings, and having reviewed
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).