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No. 154 February 25, 2026 485 This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).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Nonprecedential Memo Op: 347 Or App 485 (2026) 487 LAGESEN, C. J.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, 311 Or 434, 814 P2d 1069 (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 settle- ment conferences, defendant agreed to plead guilty to some of the charges in exchange for a stipulated sentence totaling years’ imprisonment.3 He later filed a motion to withdraw his plea, which the trial court denied.

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 revo- cation judgment in the case from which A188146 arose; it was consolidated with A188146 by order, and remains consolidated with A188146.

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

In Case No. 19CR32555 (A188146 (control)), defendant pleaded guilty to aggravated theft in the first degree and identity theft and was sentenced to pro- bation. 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 months’ imprisonment, to run concurrently.

The remaining charges were dismissed. In total, defendant was sentenced to 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.