STATE v. SANCHEZ-ALFONSO

C051693CR; A135246.

241 P.3d 1194 (2010)

238 Or. App. 160

STATE of Oregon, Plaintiff-Respondent, v. Luis SANCHEZ-ALFONSO, Defendant-Appellant.

Court of Appeals of Oregon.

Decided October 27, 2010.


Attorney(s) appearing for the Case

Bronson D. James , Chief Deputy Defender, argued the cause for appellant. With him on the brief was Peter Gartlan , Chief Defender, Appellate Division, Office of Public Defense Services. Luis Sanchez-Alfonso filed the supplemental brief pro se.

Gregory A. Rios , Assistant Attorney General, argued the cause for respondent. With him on the briefs were John R. Kroger , Attorney General, and Jerome Lidz , Solicitor General.

Before HASELTON, Presiding Judge, and BREWER, Chief Judge, and ARMSTRONG, Judge.


BREWER, C.J.

Defendant appeals his judgment of conviction for assault in the second degree, assault in the third degree, and two counts of criminal mistreatment. The ultimate issue on appeal is whether, in the circumstances of this case, an expert witness's diagnosis of physical child abuse at the hands of a particular actor—defendant—is admissible scientific evidence. However, on the record before us, we need not answer that question because, even if...

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