State v. Browning ( 2024 )

No. 777 October 30, 2024 773
This is a nonprecedential memorandum opinion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.
ELDON MARION BROWNING III,
aka Eldon Marion Browning,
Defendant-Appellant.
Umatilla County Circuit Court
21CR40685, 22CR22173; A180901 (Control), A180902
Christopher R. Brauer, Judge.
Submitted September 13, 2024.
Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Morgen E. Daniels, Chief Deputy Defender,
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.
774 State v. Browning
EGAN, J.
In this consolidated appeal, defendant challenges
two judgments revoking probation. His 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
In Case No. 21CR40685, defendant pleaded guilty
to first-degree theft. In Case No. 22CR22173, defendant also
pleaded guilty to first-degree theft. In both cases, the trial
court sentenced defendant to probation and defendant was
admitted to drug court. However, defendant was terminated
from the program. Defendant admitted he was out of compli-
ance with the terms of his probation. The trial court revoked
probation in Case No. 22CR22173 and sentenced defendant
to 13 months in prison. The trial court revoked probation in
Case No. 21CR40685 and imposed a concurrent sentence of
180 days in jail.
Having reviewed the record, including the trial
court files in the two cases, the transcript of the hearings,
and the Balfour brief, and taking into account our statuto-
rily 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).