State v. Feller

Defendant appeals a judgment convicting him of two counts of first-degree sodomy, ORS 163.405, one count of first-degree unlawful sexual penetration, ORS 163.411, and six counts of first-degree sexual abuse, ORS 163.427. He contends that, in the absence of supporting physical evidence, the trial court erred in admitting a physician’s diagnosis of “concerning” for sexual abuse. See State v. Southard, 347 Or 127, 218 P3d 104 (2009). Although defendant acknowledges that he did not raise that issue before the trial court, he argues that admission of that diagnosis was plain error under Southard.…