State v. Fitzpatrick

232                February 26, 2025              No. 148

  This is a nonprecedential memorandum opinion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.
             JAMES M. FITZPATRICK,
                Defendant-Appellant.
             Union County Circuit Court
  23CN03102, 23CN03123; A182978 (Control), A182980

  Thomas B. Powers, Judge.
  Submitted January 10, 2025.
  Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Emma Izaguirre, 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.
Nonprecedential Memo Op: 

 (2025)                            233

           LAGESEN, C. J.
        In this consolidated appeal, defendant challenges
two judgments of contempt. 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
         Defendant admitted to two counts of contempt of
court in Case No. 23CN03102, and he admitted to one count
of contempt of court in Case No. 23CN03123. In Case No.
23CN03102, the trial court imposed a sentence of 20 days
in jail on Count 1 and a sentence of discharge on Count 2.
In Case No. 23CN03123, the trial court imposed a sentence
of 20 days in jail. Having reviewed the record, including
the trial court files in the two cases, 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, 

, 

 (2021) (deciding
matter submitted through Balfour process by two-judge panel); Ballinger v.
Nooth, 

, 

 (2012), rev den, 

 (2013) (same).