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STATE v. CORDOVA-CONTRERAS

CR060416; A139645.

245 P.3d 147 (2010)

239 Or. App. 279

STATE of Oregon, Plaintiff-Respondent, v. Abel CORDOVA-CONTRERAS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 1, 2010.

Attorney(s) appearing for the Case

Anne Fujita Munsey, Senior Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter Gartlan, Chief Defender, Appellate Division, Office of Public Defense Services.

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

Before WOLLHEIM, Presiding Judge, and BREWER, Chief Judge, and ROSENBLUM, Judge.

ROSENBLUM, J.

Defendant appeals a judgment of conviction for first-degree sexual abuse. ORS 163.427. He contends that the trial court erred in admitting a physician's diagnosis of sexual abuse in the absence of supporting physical evidence. According to defendant, such a diagnosis constitutes an inadmissible comment on the credibility of a witness—the victim. Furthermore, he asserts that the diagnosis was inadmissible because it did not satisfy the foundational...

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