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STATE v. MERRIMON

071035096; A139106.

228 P.3d 666 (2010)

234 Or. App. 515

STATE of Oregon, Plaintiff-Respondent, v. Edward MERRIMON, aka Edward C. Merrimon, Defendant-Appellant.

Court of Appeals of Oregon.

Decided March 31, 2010.

Attorney(s) appearing for the Case

Kristin A. Carveth, Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter Gartlan, Chief Defender, Office of Public Defense Services.

Anna M. Joyce, Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

Before HASELTON, Presiding Judge, and ARMSTRONG and ROSENBLUM, Judges.

HASELTON, P.J.

Defendant appeals from a judgment of conviction, following a jury trial, for one count of sexual abuse in the first degree, ORS 163.427, and one count of endangering the welfare of a minor, ORS 163.575. He asserts, among other assignments of error, that the trial court erred in admitting a medical expert's diagnosis of the child complainant as "highly concerning of sexual abuse" where that diagnosis was rendered in the absence of any confirming physical...

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