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STATE v. BROWN

0602235CR; A141206.

250 P.3d 386 (2011)

241 Or. App. 226

STATE of Oregon, Plaintiff-Respondent, v. Kenneth Dewayne BROWN, Defendant-Appellant.

Court of Appeals of Oregon.

Decided March 2, 2011.

Attorney(s) appearing for the Case

Laura A. Frikert , Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Matthew J. Lysne , Assistant Attorney General, argued the cause for respondent. On the brief were John R. Kroger , Attorney General, and David B. Thompson , Interim Solicitor General.

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

HASELTON, P.J.

Defendant appeals a judgment of conviction for two counts of first-degree sexual abuse, ORS 163.427, and one count of second-degree unlawful sexual penetration, ORS 163.408. On appeal, defendant contends that, under State v. Southard, 347 Or. 127, 218 P.3d 104 (2009), the trial court erred in admitting, over defendant's objection, a physician's expert diagnosis, in the absence...

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