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STATE v. LOPEZ-CRUZ

08C51661, A144721.

299 P.3d 569 (2013)

256 Or. App. 32

STATE of Oregon, Plaintiff-Respondent, v. Lazaro LOPEZ-CRUZ, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 3, 2013.

Judgment January 8, 2010.

Amended Judgment February 23, 2010.

Attorney(s) appearing for the Case

Shawn E. Wiley , Chief Deputy Defender, argued the cause for appellant. With him on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Matthew J. Lysne , Assistant Attorney-in-Charge, argued the cause for respondent. With him 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.

WOLLHEIM, J.

Defendant, who was convicted after a bench trial of one count of first-degree sexual abuse, appeals, asserting that the trial court erred in admitting an emergency room doctor's diagnosis that the complaining witness had suffered "abusive contact." He further asserts that his mandatory minimum sentence of 75 months pursuant to ORS 137.700 is unconstitutional as applied. We reverse defendant's conviction, and therefore do not address the sentencing issue...

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