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337 Or. App. 87

State v. Moore

Court of Appeals of Oregon

Decided December 26, 2024

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Court of Appeals of Oregon · decided 2024-12-26

Applies OR 138 § 138.105 · OR 2 § 2.570

Affirmed · Decided 2024-12-26

No. 932            December 26, 2024                87

  This is a nonprecedential memorandum opinion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.
               JESSICA BRYCE MOORE,
                 aka Jessica Rae Moore,
                  Defendant-Appellant.
               Lane County Circuit Court
           23CR00711, 23CN01546, 23CR14048;
           A182091 (Control), A182092, A182093

  R. Curtis Conover, Judge.
  Submitted November 8, 2024.
  Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Erik Blumenthal, 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.
88                                                          State v. Moore

           LAGESEN, C. J.
       In this consolidated appeal, defendant appeals three
judgments of conviction. 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
          In Case No. 23CR00711, defendant pleaded guilty
to first-degree child neglect (Count 1); delivery of methamphetamine (Count 2); manufacture or delivery of a Schedule
II controlled substance (Count 3); and attempted manufacture of methamphetamine (Count 4). She was sentenced to
18 months in prison (Count 1); 19 months in prison (Count
2); six months in jail (Count 3); and six months in jail (Count
4). The parties stipulated to the sentences on Counts 3 and
4. The sentences are concurrent to the sentences in Case No.
23CR14048.
         In Case No. 23CR14048, defendant pleaded guilty
to two counts of manufacture or delivery of a Schedule II
controlled substance (Counts 1 and 2); and one count of
unlawful possession of a Schedule II controlled substance
(Count 3). She was sentenced to nine months in jail (Count
1); nine months in jail (Count 2); and 34 months in prison
(Count 3). The parties stipulated to the sentence on Count 3.
         In Case No. 23CN01546, based on defendant’s
admission, the trial court found her in contempt of court.
The trial court imposed a sanction of time in jail, with credit
for time served and concurrent to the sentences in Case Nos.
23CR00711 and 23CR14048.
          Having reviewed the record, including the trial
court files in the three cases, the transcripts 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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