333 Or. App. 476 - State v. Denton

476                    June 26, 2024                No. 434

   This is a nonprecedential memorandum opinion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.
           THEODORE WALLACE DENTON,
        aka Ted Denton, aka Theodore W. Denton,
                 Defendant-Appellant.
            Clackamas County Circuit Court
                 CR1001160; A180723

  Susie L. Norby, Judge.
  Submitted May 13, 2024.
   Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and David O. Ferry, Deputy Public Defender, Office
of 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Nonprecedential Memo Op:

333 Or App 476

 (2024)                            477

           LAGESEN, C. J.
          Defendant appeals from an amended judgment
finding him guilty of two counts of first-degree theft, ORS
164.055 (Counts 3, 5); four counts of encouraging child sexual abuse (ECSA) in the first degree, ORS 163.684 (Counts
7, 9, 11, 13); and six counts of ECSA in the second degree,
ORS 163.686 (Counts 8, 10, 12, 14, 15, 16). 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
         Defendant was convicted in 2010. In 2013, the post-conviction court denied relief. In 2016, we reversed and
remanded with instructions to the post-conviction court to
grant relief as to the first- and second-degree ECSA counts.
Denton v. Nooth,

283 Or App 179, 191

388 P3d 341

 (2016).
In September 2022, defendant was retried on the charges
relating to first- and second-degree ECSA. The trial court
found defendant guilty of those charges. Defendant was sentenced to a total prison term of approximately 80 months
with credit for time served since 2010.
         Having reviewed the record, including the trial
court file, the arguments of counsel and the testimony of the
witnesses at the September 2022 court trial, and the transcript of the sentencing hearing, and having also reviewed
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).