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FILED: December 5, 2012
IN THE COURT OF APPEALS OF THE STATE OF OREGON
STATE OF OREGON,
Plaintiff-Respondent,

v.

JOHN ALLEN OVENDALE,
Defendant-Appellant.

Marion County Circuit Court 09C48935
A146835
Albin W. Norblad, Judge.
Argued and submitted on March 21, 2012.
Jason E. Thompson argued the cause for appellant.  With him on the brief was Ferder

Casebeer French & Thompson, LLP.
Pamela J. Walsh, Assistant Attorney General, argued the cause for respondent.  With her

on the brief were John R. Kroger, Attorney General, and Anna M. Joyce, Solicitor
General.
Before Armstrong, Presiding Judge, and Haselton, Chief Judge, and Duncan, Judge.
ARMSTRONG, P. J.
Affirmed.

1  ARMSTRONG, P. J.  
2  Defendant appeals a judgment of conviction for one count of first-degree  
3  sodomy, ORS 163.405, and one count of first-degree sexual abuse, ORS 163.427.  He  
4  raises four assignments of error, all but one of which we reject without discussion.  We  
5  write to address only defendant's contention that the trial court erred in admitting a  
6  diagnosis of "sexual abuse" into evidence during his jury trial.  Defendant argues that,  
7  under State v. Southard, 347 Or 127, 218 P3d 104 (2009), a diagnosis of "sexual abuse"  
8  is never admissible in a criminal prosecution for sexual abuse.  Alternatively, he argues  
9  that such a diagnosis is admissible only when supported by physical findings of an injury  
10  on the body of the alleged victim. We conclude that Southard did not bar the admission  
11  of the diagnosis and, accordingly, affirm.  
12  Because defendant was convicted by a jury, we summarize the facts in the  
13  light most favorable to the state. State v. Vidal, 245 Or App 511, 513, 263 P3d 364  
14  (2011), rev den, 351 Or 761 (2012).  The facts underlying defendant's conviction involve  
15  multiple episodes of abuse, involving different children.  We set out only the facts  
16  necessary to address defendant's remaining assignment of error.  
17  One evening while his fianc

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