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STATE v. CORDOVA-CONTRERAS

CR060416; A139645.

245 P.3d 147 (2010)

239 Or. App. 279

STATE of Oregon, Plaintiff-Respondent, v. Abel CORDOVA-CONTRERAS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 1, 2010.

Attorney(s) appearing for the Case

Anne Fujita Munsey , Senior Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter Gartlan , Chief Defender, Appellate Division, 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 WOLLHEIM, Presiding Judge, and BREWER, Chief Judge, and ROSENBLUM, Judge.

ROSENBLUM, J.

Defendant appeals a judgment of conviction for first-degree sexual abuse. ORS 163.427. He contends that the trial court erred in admitting a physician's diagnosis of sexual abuse in the absence of supporting physical evidence. According to defendant, such a diagnosis constitutes an inadmissible comment on the credibility of a witness—the victim. Furthermore, he asserts that the diagnosis was inadmissible because it did not satisfy the foundational...

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