No. 949 October 29, 2025 587 This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).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, 311 Or 434, 814 P2d 1069 (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.

As authorized by ORS 2.570(2)(b), this matter is determined by a two-judge panel.