No. 949 October 29, 2025 587
This is a nonprecedential memorandum opinion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.
DEREK IAN SMITH,
Defendant-Appellant.
Josephine County Circuit Court
21CR00718; A184143
Suzanne B. Chanti, Judge.
Submitted September 12, 2025.
Ernest G. Lannet, Chief Defender, Criminal Appellate
Section, and Rond Chananudech, Deputy Public Defender,
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.
588 State v. Smith
EGAN, J.
Defendant appeals a judgment of conviction entered
after defendant pleaded guilty to first-degree manslaughter
and unlawful use of a weapon with a firearm. 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 was indicted for first-degree murder
with a firearm, first-degree robbery with a firearm, and
unlawful use of a weapon with a firearm. The trial court
accepted the parties’ plea agreement. It entered convictions
for the lesser-included offense of first-degree manslaughter
and unlawful use of a weapon with a firearm, dismissed
the robbery charge, and sentenced defendant to stipulated
sentence of 240 months’ imprisonment with credit for time
served. 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.
