State v. Carter ( 2024 )

470 November 27, 2024 No. 855
This is a nonprecedential memorandum opinion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.
DONALD RAY CARTER,
Defendant-Appellant.
Crook County Circuit Court
23CR20711; A181847
Wade L. Whiting, Judge.
Submitted October 11, 2024.
Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Zachary Lovett Mazer, 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Nonprecedential Memo Op: 336 Or App 470 (2024) 471
EGAN, J.
Defendant appeals an amended judgment of convic-
tion entered after he pleaded guilty to felony driving while
suspended, ORS 811.182(3). The trial court sentenced defen-
dant to the stipulated sentence of 13 months in prison and
two years of post-prison supervision. Defendant’s 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).