STATE v. EVANS

061035934; A138017.

236 P.3d 848 (2010)

236 Or. App. 467

STATE of Oregon, Plaintiff-Respondent, v. Michael James EVANS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided August 4, 2010.


Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, and Laura A. Frikert, Deputy Public Defender, Appellate Division, Office of Public Defense Services, filed the brief for appellant. Michael James Evans filed the supplemental brief pro se.

John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Janet A. Klapstein, Senior Assistant Attorney General, filed the brief for respondent.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.


LANDAU, P.J.

Defendant was convicted of eight counts of first-degree sexual abuse, ORS 163.427, and two counts of first-degree sodomy, ORS 163.405. On appeal, he advances a number of assignments of error, all of which we reject without discussion, except his assignments that: (1) the trial court should not have admitted an expert's diagnosis that one of the victims had been sexually abused without first conducting a hearing about whether the medical diagnosis was...

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