Background
Kenneth Wayne Felton was convicted in Marion County Circuit Court (Judge James C. Edmonds presiding) and appealed to the Oregon Court of Appeals. The Oregon Public Defense Commission, through Chief Defender Ernest G. Lannet and Deputy Public Defender Marc D. Brown, filed a brief on Felton’s behalf. The State was represented by the Oregon Department of Justice.
The opinion does not disclose the underlying charges or the specific arguments raised on appeal. The case was submitted to a three-judge panel — Presiding Judge Ortega, Judge Joyce, and Judge Hellman — on May 21, 2026.
The Court’s Holding
The court issued a per curiam affirmance of the trial court’s judgment, citing State v. Wheeler, 268 Or App 729, 344 P3d 57 (2015), as controlling authority. No additional analysis was provided.
The opinion is designated nonprecedential under ORAP 10.30 and may be cited only as permitted by that rule.
Key Takeaways
- The Marion County conviction is affirmed without modification.
- The court found the result controlled by State v. Wheeler, 268 Or App 729 (2015), though it did not explain the connection to the facts of this case.
- As a nonprecedential memorandum opinion under ORAP 10.30, the decision has no binding effect beyond this case.
Why It Matters
This per curiam affirmance signals that the panel viewed the appellant’s arguments as foreclosed by existing precedent, specifically Wheeler, without requiring extended discussion. Practitioners handling similar criminal appeals in Oregon should examine Wheeler to understand the doctrine the court found dispositive here.
Because the opinion is nonprecedential, its direct utility is limited to the parties. However, the citation to Wheeler may serve as a useful indicator of how the Court of Appeals is applying that decision in analogous factual contexts.