Background
Luke Rand Jensen pleaded guilty in Case No. 23CR59611 to attempted third-degree robbery and fourth-degree assault constituting domestic violence. In Case No. 24CR61654, he pleaded guilty to second-degree theft. He received probation in both cases.
Jensen later admitted two probation violations. The Malheur County Circuit Court revoked his probation and imposed three consecutive 45-day jail sentences, totaling 135 days, while allowing him to serve the final 60 days in a residential treatment program. He appealed the revocation judgment in the two consolidated cases.
The Court’s Holding
The Oregon Court of Appeals affirmed. Jensen’s appointed counsel submitted a brief under ORAP 5.90 and State v. Balfour, 311 Or 434, 814 P2d 1069 (1991), without a Section B identifying any claims raised by Jensen personally.
After independently reviewing the record—including the trial court file, hearing transcripts, and the Balfour brief—the court found no arguably meritorious issues. It therefore left the probation revocations and aggregate 135-day jail sentence intact.
Key Takeaways
- The court affirmed the revocation of Jensen’s probation in both underlying criminal cases.
- The three consecutive 45-day jail terms, totaling 135 days, remain in effect, with the final 60 days eligible to be served in residential treatment.
- The court’s independent Balfour review disclosed no arguably meritorious appellate issue.
Why It Matters
The decision illustrates the Oregon Court of Appeals’ review process when appointed counsel files a Balfour brief and identifies no nonfrivolous issue for appeal. The court independently examined the available record before affirming.
This is a nonprecedential memorandum opinion under ORAP 10.30 and may not be cited except as that rule permits.