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STATE v. POTTS

08FE0014; A140730.

255 P.3d 614 (2011)

242 Or. App. 352

STATE of Oregon, Plaintiff-Respondent, v. Jimmy John POTTS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 20, 2011.

Attorney(s) appearing for the Case

Erica Herb , Deputy Public Defender, argued the cause for appellant. With her on the briefs 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 David B. Thompson , Senior Assistant Attorney General.

Before ORTEGA, Presiding Judge, and ROSENBLUM, Judge, and SERCOMBE, Judge.

PER CURIAM.

Defendant appeals from a judgment convicting him of two counts of first-degree sexual abuse. ORS 163.427. He contends that the trial court erred in admitting, in the absence of any physical signs of abuse, a medical diagnosis that the victim had been sexually abused. See State v. Southard, 347 Or. 127, 218 P.3d 104 (2009). In addition, citing State v. Lupoli,

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