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STATE v. CODON

08FE0210; A143373.

270 P.3d 409 (2012)

247 Or. App. 756

STATE of Oregon, Plaintiff-Respondent, v. Rand Maurice CODON, Defendant-Appellant.

Court of Appeals of Oregon.

Decided February 1, 2012.

Attorney(s) appearing for the Case

Stephanie J. Hortsch, Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter Gartlan, Chief Defender, Office of Public Defense Services.

Matthew J. Lysne, Assistant Attorney General, argued the cause for respondent. With him on the brief were John R. Kroger, Attorney General, and Mary H. Williams, Solicitor General.

Before ORTEGA, Presiding Judge, and BREWER, Chief Judge, and SERCOMBE, Judge.

ORTEGA, P.J.

Defendant appeals a judgment convicting him of two counts of first-degree rape. ORS 163.375. In his first assignment of error, he contends that, in the absence of supporting physical evidence, the trial court erred in admitting a medical expert's diagnosis that the victim had been sexually abused. See State v. Southard, 347 Or. 127, 218 P.3d 104 (2009). Although he acknowledges that...

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