Court of Appeals of Oregon, 2024

Brausen v. Brown

Brausen v. Brown
Court of Appeals of Oregon · Decided May 30, 2024 · Lagesen
332 Or. App. 765

Brausen v. Brown

Opinion

No. 350 May 30, 2024 765 This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).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 SARAH BRAUSEN, Petitioner-Appellant, v. Nichole BROWN, Superintendent, Coffee Creek Correctional Facility, Defendant-Respondent.

Washington County Circuit Court 21CV19834; A181078 Patricia A. Sullivan, Senior Judge.

Submitted April 16, 2024.

Jason Weber and Equal Justice Law filed the brief for appellant.

Ryan Kahn, Assistant Attorney General, waived appear- ance for respondent.

Before Lagesen, Chief Judge, and Egan, Judge.

LAGESEN, C. J.

Affirmed.

766 Brausen v. Brown LAGESEN, C. J.

Petitioner appeals from a judgment denying post- conviction relief. Her appointed counsel filed a brief pur- suant 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 Petitioner entered guilty pleas to first-degree bur- glary and first-degree forgery, and she was ordered to pay restitution in the amount of $13,668.57, joint and several with her codefendant. Petitioner sought post-conviction relief arguing, among other things, that she was denied effective assistance of counsel because her attorney failed to object to an unreasonable amount of restitution and failed to inform petitioner that she could object to the amount. However, in the post-conviction court, petitioner’s trial counsel submit- ted an affidavit stating that, prior to pleading guilty, trial counsel discussed with petitioner all aspects of the stipu- lated settlement, including the restitution amount, and that he advised petitioner of her right to contest the amount. The post-conviction court denied the petition.

Having reviewed the record, including the trial court file and the transcript of the hearings, and having reviewed the Balfour brief, we have identified no arguably meritorious issues.

Affirmed.

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).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.