STATE v. THOMAS

071336; A141439.

248 P.3d 971 (2011)

241 Or. App. 567

STATE of Oregon, Plaintiff-Respondent, v. Shaun Patrick THOMAS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided March 16, 2011.


Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Joshua B. Crowther , Chief Deputy Defender, filed the opening brief and a supplemental brief for appellant. Shaun Thomas filed a supplemental brief pro se.

John R. Kroger , Attorney General, Jerome Lidz , Solicitor General, and Matthew J. Lysne , Assistant Attorney General, filed the opening brief for respondent. On the supplemental brief were John R. Kroger , Attorney General, Mary H. Williams , Solicitor General, and Matthew J. Lysne , Assistant Attorney General.

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


PER CURIAM.

Defendant appeals a judgment of conviction for four counts of first-degree sodomy,1 ORS 163.405, contending that the trial court erred in admitting a pediatric nurse practitioner's expert diagnosis, in the absence of any physical findings, that the victim had been sexually abused. Defendant did not preserve that contention in the trial court. However, we agree with defendant that the admission of that diagnosis was "an error...

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