State v. Wiley ( 2024 )

456 November 27, 2024 No. 850
This is a nonprecedential memorandum opinion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.
SARAH TERESA WILEY,
Defendant-Appellant.
Coos County Circuit Court
22CN05789; A182426
Andrew E. Combs, Judge.
Submitted October 11, 2024.
Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Joel Duran, 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.
Nonprecedential Memo Op: 336 Or App 456 (2024) 457
LAGESEN, C. J.
Defendant appeals an amended judgment of con-
tempt. Her 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
After violating a restraining order by contacting the
protected party on two separate occasions, defendant admit-
ted to four counts of contempt and entered a deferred sen-
tencing program. About nine months later, the trial court
revoked defendant’s deferred sentence because she failed to
attend a required program. The trial court entered a judg-
ment finding defendant in contempt on four counts of violat-
ing the restraining order. The trial court later entered an
amended judgment merging the findings of contempt on two
of the four counts and sentencing defendant to 18 months of
bench probation.
Having reviewed the record, including the trial
court file, the transcript of the hearings, 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).