Garcia

Defendant Antonio Trujillo Garcia appeals from the judgment entered after a jury convicted him of spousal rape. He raises several claims of trial court error, primarily centered around the requirement of corroboration mandated by Penal Code section 262, subdivision (b). He contends: (1) the trial court erred in denying the motion to dismiss the charge of spousal rape for lack of corroboration; (2) insufficient evidence supported the conviction due to insufficient corroboration; (3) the trial court erred in failing to instruct the jury to determine whether the prosecution was commenced within the appropriate time period; (4) the trial court erred in admitting evidence of a November 1996 battery on the victim; and (5) the trial court erred in denying defendant’s motion for new trial based on jury misconduct. We find no errors and conclude the trial court properly used evidence of defendant’s other acts of domestic violence to corroborate the victim’s allegation of spousal rape as required by section 262, subdivision (b).

Statement of Procedure

Defendant was charged on September 8, 1997, with one count of rape (§ 261, subd. (a)(2)), one count of rape in concert (§ 264.1),…