State v. Cone

*392Defendant appeals a judgment of conviction for one count of sexual abuse in the first degree, ORS 163.427. On appeal, defendant raises two assignments of error. We reject without discussion the second assignment, which challenges the proportionality of defendant's sentence under State v. Rodriguez/Buck , 347 Or. 46, 217 P.3d 659 (2009). We write to address the first assignment, in which defendant argues that the trial court plainly erred in failing to sua sponte strike the testimony of a witness who said that she "totally believed" the victim's disclosure of abuse. For the reasons explained…