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STATE v. DONAHUE

C9502-31026; CA A90121.

950 P.2d 416 (1997)

151 Or. App. 704

STATE of Oregon, Respondent, v. William John DONAHUE, Appellant.

Court of Appeals of Oregon.

Decided December 17, 1997.

Attorney(s) appearing for the Case

Diane L. Alessi, Chief Deputy Public Defender, argued the cause for appellant. With her on the brief was Sally L. Avera, Public Defender.

Katherine H. Waldo, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

Before WARREN, P.J., and EDMONDS and ARMSTRONG, JJ.

PER CURIAM.

Defendant appeals from a conviction and sentencing for first degree sexual abuse, ORS 163.427. Defendant argues that the trial court erred in allowing a state's witness to testify to a medical diagnosis of the victim of sexual abuse and that the trial court erred in imposing a compensatory fine. We vacate the compensatory fine and otherwise affirm.

A compensatory fine may be awarded only if the trial court finds that the victim suffered a pecuniary...

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