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STATE v. ALMANZA-GARCIA

07C47796; A140520.

255 P.3d 613 (2011)

242 Or. App. 350

STATE of Oregon, Plaintiff-Respondent, v. Francisco ALMANZA-GARCIA, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 20, 2011.

Attorney(s) appearing for the Case

Elizabeth Corbridge Ranweiler , 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, Jerome Lidz , Solicitor General, and Anna M. Joyce , Assistant Attorney General.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and LANDAU, Judge Pro Tempore.

PER CURIAM.

Defendant appeals from judgments of conviction for two counts of first-degree rape and one count of first-degree sodomy. In his first assignment of error, he contends that the trial court plainly erred by admitting testimony of a diagnosis of child sexual abuse in the absence of physical evidence of abuse. State v. Lupoli, 348 Or. 346, 234 P.3d 117 (2010); State v. Southard,

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