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STATE v. OVENDALE

09C48935; A146835.

292 P.3d 579 (2012)

253 Or. App. 620

STATE of Oregon, Plaintiff-Respondent, v. John Allen OVENDALE, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 5, 2012.

Attorney(s) appearing for the Case

Jason E. Thompson , Salem, argued the cause for appellant. With him on the brief was Ferder Casebeer French & Thompson, LLP.

Pamela J. Walsh , Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger , Attorney General, and Anna M. Joyce , Solicitor General.

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

ARMSTRONG, P.J.

Defendant appeals a judgment of conviction for one count of first-degree sodomy, ORS 163.405, and one count of first-degree sexual abuse, ORS 163.427. He raises four assignments of error, all but one of which we reject without discussion. We write to address only defendant's contention that the trial court erred in admitting a diagnosis of "sexual abuse" into evidence during his jury trial. Defendant argues that, under State v. Southard,

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