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337 Or. App. 577

State v. Storm-Lestrang

Court of Appeals of Oregon

Decided January 29, 2025

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Court of Appeals of Oregon · decided 2025-01-29

Applies OR 138 § 138.105 · OR 2 § 2.570

Affirmed · Decided 2025-01-29

No. 63             January 29, 2025                 577

  This is a nonprecedential memorandum opinion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.
    BELLATRIX LILLITH ALEXANDRIA MORGAN
                STORM-LESTRANG,
 aka Jonathan Caleb Creswell, aka Jonathan C. Creswell,
                 Defendant-Appellant.
           Multnomah County Circuit Court
                 20CR51994; A181784

  Christopher J. Marshall, Judge.
  Submitted December 13, 2024.
  Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Laura A. Frikert, 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.
578                                            State v. Storm-Lestrang

           EGAN, J.
         Defendant appeals a judgment of conviction entered
after she pleaded guilty to criminally negligent homicide
constituting domestic violence (Count 1), and unlawful use
of a weapon constituting domestic violence (Count 2). 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
         Defendant was criminally negligent in causing the
death of her brother-in-law in September 2020. After she
pleaded guilty, the parties stipulated that she was a 10-E on
the sentencing grid block for Count 1. On Count 1, the trial
court sentenced defendant to 90 months in prison with 30
months of post-prison supervision (PPS). On Count 2, the
trial court sentenced defendant to a concurrent term of 14
months in prison and 24 months of PPS.
         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).

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