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338 Or. App. 228

State v. Lane

Court of Appeals of Oregon

Decided February 26, 2025

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Court of Appeals of Oregon · decided 2025-02-26

Applies OR 2 § 2.570

Affirmed · Decided 2025-02-26

228                 February 26, 2025              No. 146

  This is a nonprecedential memorandum opinion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.
                 ROGER EUGENE LANE,
                   Defendant-Appellant.
              Josephine County Circuit Court
                   23CR40225; A182887

  Robert S. Bain, Judge.
  Submitted January 10, 2025.
  Frances J. Gray 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Nonprecedential Memo Op: 
338 Or App 228
 (2025)                            229

           LAGESEN, C. J.
         Defendant appeals a judgment of conviction entered
after a jury found him guilty of violating a stalking protective order (SPO). The trial court sentenced defendant to 35
months in prison and 25 months of post-prison supervision.
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 September 2022, the victim obtained a temporary SPO against defendant, and she obtained a permanent
SPO in October 2022. Defendant was served with the SPOs.
The jury found defendant guilty of violating the permanent
SPO based on evidence that defendant was pacing outside the victim’s home in August 2023 yelling obscenities.
Having reviewed the record, including the trial court file,
the transcript of the hearings and the trial, and 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).

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