State v. Codon

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 P3d 104 (2009). Although he acknowledges that he did not raise that error before the trial court, defendant argues that the admission of the diagnosis was plain error under Southard. See ORAP 5.45(1) (“No matter claimed as error will be considered on appeal…