No. 931 December 26, 2024 85
This is a nonprecedential memorandum opinion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.
CLIFFTON DARREL KITCH,
Defendant-Appellant.
Marion County Circuit Court
16CR24172; A181889
Matthew L. Tracey, Judge.
Submitted November 8, 2024.
Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and David O. Ferry, 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.
86 State v. Kitch
LAGESEN, C. J.
Defendant appeals a judgment revoking probation and imposing a sentence of 39 months in prison. His
appointed counsel filed a brief pursuant to ORAP 5.90
and State v. Balfour,
(1991). The
brief does not contain a Section B. See ORAP 5.90(1)(b). We
affirm.1
In 2017, defendant pleaded guilty to two counts of
second-degree sexual abuse (Counts 1 and 2); one count of
luring a minor (Count 4); and one count of delivery of marijuana to a person under 18 (Count 5). As part of the plea
agreement, defendant was sentenced to consecutive terms
of 18 months in prison on Counts 1 and 4, and 60 months
of probation on Counts 2 and 5. He agreed that if his probation was revoked, then he could be sentenced to a total of 44
months in prison on Counts 2 and 5. In June 2023, the trial
court found that defendant was in violation of his probation.
The trial court revoked probation and sentenced defendant
to a total of 39 months in prison.
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,
