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STATE v. DAVILIA

C080102CR; A139939.

244 P.3d 855 (2010)

239 Or. App. 468

STATE of Oregon, Plaintiff-Respondent, v. George DAVILIA, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 15, 2010.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, Appellate Division, and Shawn E. Wiley , Chief Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger , Attorney General, Jerome Lidz , Solicitor General, and Anna M. Joyce , Assistant Attorney General, filed the brief for respondent.

Before WOLLHEIM, Presiding Judge, and BREWER, Chief Judge, and ROSENBLUM, Judge.

ROSENBLUM, J.

Following a bench trial, defendant appeals a judgment convicting him of first-degree rape, ORS 163.375, and two counts of first-degree sexual abuse, ORS 163.427. He contends that the trial court erred when, despite the absence of supporting physical evidence, it admitted a nurse practitioner's diagnosis of "highly concerning for sexual abuse." Specifically, he asserts that the admission of that diagnosis was improper because (1) the diagnosis lacked...

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