STATE v. RHODES

A168454.

481 P.3d 412 (2021)

309 Or. App. 318

STATE of Oregon, Plaintiff-Respondent, v. Zhivago Caya RHODES, Defendant-Appellant.

Court of Appeals of Oregon.

February 10, 2021.


Attorney(s) appearing for the Case

Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Eric Johansen, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Rebecca M. Auten, Assistant Attorney General, filed the brief for respondent.

Before Armstrong, Presiding Judge, and Tookey, Judge, and Kistler, Senior Judge.


Defendant was found guilty by jury verdict on two counts of first-degree sexual abuse, ORS 163.427 (Counts 1 and 2). Defendant's timely appeal assigns error to (1) the admission of evidence regarding a medical diagnosis of child sexual abuse; (2) the failure to strike or provide a curative instruction for the prejudicial evidence of the medical...

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