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STATE v. PEKAREK

CR060308; A143782.

277 P.3d 594 (2012)

249 Or. App. 400

STATE of Oregon, Plaintiff-Respondent, v. Michael Shawn PEKAREK, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 18, 2012.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Robin A. Jones , Senior Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Michael Shawn Pekarek filed the supplemental brief pro se.

John R. Kroger , Attorney General, Mary H. Williams , Solicitor General, and Matthew J. Lysne , Assistant Attorney General, filed the brief for respondent.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and EDMONDS, Senior Judge.

PER CURIAM.

Defendant appeals a judgment of conviction for three counts of first-degree sexual abuse, ORS 163.427, and one count of second-degree unlawful sexual penetration, ORS 163.408. He asserts that, in the absence of supporting physical evidence, the trial court erred in admitting evidence that the complainant had been diagnosed as having been sexually abused.1 See State v. Southard, 347 Or. 127

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