Meyer

Defendant was charged with spousal rape (Pen. Code, § 262) alleged to have occurred on or about May 31, 1985, lewd and lascivious conduct upon a child under the age of 14 by means of force and/or fear (§ 288, subd. (b)) alleged to have occurred on or about May 1985, rape by foreign object (§ 289, subd. (a)) alleged to have occurred on or about May 1985, and a further count of lewd and lascivious conduct alleged to have occurred between May 1982 and May 1985.

The spousal rape charge was severed and defendant was tried on the remaining charges. The jury found defendant guilty of lewd and lascivious conduct alleged to have occurred in May 1985, and not guilty on the other charges.

On appeal defendant argues the trial court erred (1) in ruling evidence that defendant had committed violent acts against the victim and her siblings was admissible, and (2) in failing to instruct sua sponte with CALJIC 17.01. We affirm.

I. Facts and Procedural History

Jennifer N., the victim, age 11, lived with her stepfather, defendant, and her mother from the time she was two until May of 1985. She testified that just prior to May 31, 1985, she was in defendant’s bedroom when he put his hand…