State v. Epps

No. 154             February 25, 2026             485

  This is a nonprecedential memorandum opinion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.
                   JOSHUA ELI EPPS,
           aka Joshua Epps, aka Joshua E. Epps,
                   Defendant-Appellant.
              Klamath County Circuit Court
          19CR32555; A188146 (Control), A188152
                  STATE OF OREGON,
                   Plaintiff-Respondent,
                             v.
                   JOSHUA ELI EPPS,
                   Defendant-Appellant.
              Klamath County Circuit Court
                   22CR35578; A188147
                  STATE OF OREGON,
                   Plaintiff-Respondent,
                             v.
                   JOSHUA ELI EPPS,
                   Defendant-Appellant.
              Klamath County Circuit Court
                   23CR00328; A188148
                  STATE OF OREGON,
                   Plaintiff-Respondent,
                             v.
                   JOSHUA ELI EPPS,
                   Defendant-Appellant.
              Klamath County Circuit Court
                   23CR09716; A188149
486                                            State v. Epps

                 STATE OF OREGON,
                 Plaintiff-Respondent,
                           v.
                 JOSHUA ELI EPPS,
  aka Joshua Epps, aka Joshua E. Smith, aka Joshua Eli,
                 Defendant-Appellant.
             Klamath County Circuit Court
                 24CR27032; A188150
                 STATE OF OREGON,
                 Plaintiff-Respondent,
                           v.
                 JOSHUA ELI EPPS,
                 Defendant-Appellant.
             Klamath County Circuit Court
                 24CR31910; A188151

  Marci Warner Adkisson, Judge. (Judgments entered
May 1, 2025, in A188146 and A188150) (Judgments entered
April 30, 2025, in A188147, A188148, A188149, and A188151)
  Andrea M. Janney, Judge.           (Judgment entered
February 27, 2020, in A188146) (Judgment entered June 25,
2025, in A188148)
  Submitted January 9, 2026.
  Frances J. Gray filed the brief for appellant.
  Lauren P. Robertson, Assistant Attorney General, waived
appearance for respondent.
  Before Lagesen, Chief Judge, and Egan, Judge.
  LAGESEN, C. J.
  In Case No. A188146 (Control), affirmed. In Case No.
A188147, affirmed. In Case No. A188148, affirmed. In Case
No. A188149, affirmed. In Case No. A188150, affirmed. In
Case No. A188151, affirmed.
Nonprecedential Memo Op: 

 (2026)                             487

           LAGESEN, C. J.
         Defendant appeals six judgments of conviction
entered following his entry of guilty pleas, in addition to
one probation-revocation judgment.1 In each case, appointed
counsel filed a brief pursuant to ORAP 5.90 and State v.
Balfour, 

, 

 (1991). The briefs do not
contain a Section B. See ORAP 5.90(1)(b). We affirm.2
         Defendant was on probation when he was charged
with numerous additional crimes. Following three settlement conferences, defendant agreed to plead guilty to some
of the charges in exchange for a stipulated sentence totaling
16 years’ imprisonment.3 He later filed a motion to withdraw
his plea, which the trial court denied.

    1
      The appeals in Case Nos. A188146 (Control), A188147, A188148, A188149,
A188150, and A188151 have been consolidated only for purposes of opinion and
otherwise remain separate cases. A188152 is an appeal from a probation revocation judgment in the case from which A188146 arose; it was consolidated with
A188146 by order, and remains consolidated with A188146.
    2
      As authorized by ORS 2.570(2)(b), this matter is determined by a two-judge
panel.
    3
      In Case No. 19CR32555 (A188146 (control)), defendant pleaded guilty to
aggravated theft in the first degree and identity theft and was sentenced to probation. In the consolidated appeal, A188152, defendant admitted that he violated
probation and was sentenced to 36 months’ imprisonment pursuant to his plea
agreement.
    In Case No. 22CR35578 (A188147), defendant pleaded guilty to Fleeing or
Attempting to Elude a Police Officer, ORS 811.540(1)(b)(A), and his license was
suspended.
    In Case No. 23CR00328 (A188148), defendant pleaded guilty to first-degree
Escape, ORS 162.165, and was sentenced to 36 months’ imprisonment; Fleeing or
Attempting to Elude a Police Officer, ORS 811.540(1)(b)(A), and his license was
suspended; two counts of Unlawful Use of Weapon, ORS 166.220, and was given
two 30 month sentences of imprisonment, one of which was to run concurrently
with the other sentences; and Felon in Possession of a Firearm, ORS 166.270(1),
and sentenced to 30 months.
   In Case No. 23CR09716 (A188149), defendant pleaded guilty to first-degree
Aggravated Theft, ORS 164.057, and was sentenced to 24 months imprisonment.
    In Case No. 24CR27032 (A188150), defendant pleaded guilty to Fleeing or
Attempting to Elude a Police Officer, ORS 811.540(1)(b)(A), and his license was
suspended.
    In Case No. 24CR31910 (A188151), defendant pleaded guilty to two counts of
Tampering with a Witness, ORS 162.285, and was sentenced to 36 months’ and
30 months’ imprisonment, to run concurrently.
    The remaining charges were dismissed. In total, defendant was sentenced to
192 months’ imprisonment.
488                                            State v. Epps

         Having reviewed the records, including the trial
court files, the transcript of the hearings, and the Balfour
briefs, and taking into account our statutorily circumscribed
authority to review, see ORS 138.105, we have identified no
arguably meritorious issues.
        In Case No. A188146 (Control), affirmed. In Case
No. A188147, affirmed. In Case No. A188148, affirmed. In
Case No. A188149, affirmed. In Case No. A188150, affirmed.
In Case No. A188151, affirmed.