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STATE v. CLAY

C062810CR; A136583.

230 P.3d 72 (2010)

235 Or. App. 26

STATE of Oregon, Plaintiff-Respondent, v. Stephen Anthony CLAY, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 21, 2010.

Attorney(s) appearing for the Case

David J. Celuch, Portland, argued the cause and filed the briefs for appellant.

Rene C. Holmes, Senior Assistant Attorney General, argued the cause for respondent. With her on the briefs were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and DUNCAN, Judge.

HASELTON, P.J.

Defendant, who was convicted after a jury trial of two counts of sexual abuse in the first degree, ORS 163.427, appeals. He assigns error to, inter alia, the trial court's admission, over defendant's objection, of a pediatric nurse practitioner's expert diagnosis that the complainant had been sexually abused. That diagnosis was rendered "in the absence of any physical evidence of abuse." State v. Southard, 347 Or. 127

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