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STATE v. McHENRY

(960734923; CA A96749).

985 P.2d 873 (1999)

161 Or. App. 606

STATE of Oregon, Respondent, v. Montiae Colden McHENRY, Appellant.

Court of Appeals of Oregon.

Decided July 7, 1999.

Attorney(s) appearing for the Case

Walter J. Ledesma, Deputy Public Defender, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender.

Katherine H. Waldo, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before LANDAU, Presiding Judge, and WOLLHEIM and BREWER, Judges.

BREWER, J.

Defendant appeals from his conviction for assault in the third degree following a jury trial. ORS 163.165. He makes four assignments of error. First, defendant asserts that the trial court erred by admitting medical testimony that the victim's injuries resulted from child abuse. Second, he contends that the court erred by not holding an OEC 104 hearing to determine whether the state could lay a proper foundation for the admission of the child abuse diagnosis...

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