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STATE v. ARREOLA

C023524CR; A144001.

281 P.3d 634 (2012)

250 Or. App. 496

STATE of Oregon, Plaintiff-Respondent, v. Jose Luis ARREOLA, Defendant-Appellant.

Court of Appeals of Oregon.

Decided June 20, 2012.

Attorney(s) appearing for the Case

David O. Ferry , Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Leigh A. Salmon , Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.

SCHUMAN, P.J.

Defendant appeals from a judgment of conviction on one count of unlawful sexual penetration in the first degree and two counts of sexual abuse in the first degree. On the first day of defendant's trial, two medical expert witnesses testified that they had diagnosed the six-year-old child victim as having been sexually abused based on the credibility of her report; the next day, the Oregon Supreme Court issued its opinion in State v. Southard,...

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