Sandoval

A jury convicted defendant Isaías Sandoval of spousal rape with force (Pen. Code, § 262, subd. (a)(1)—count one), corporal injury to a spouse (§ 273.5, subd. (a)—count two), felony false imprisonment (§ 236—count three), criminal threats (§ 422—count four) and damaging a wireless communication device, a misdemeanor (§ 591.5—count five).

Sentenced to state prison for an aggregate term of six years, defendant appeals contending (1) the trial court prejudicially erred in excluding the testimony of a defense expert, (2) the trial court failed to instruct the jury to find each element true beyond a reasonable doubt, (3) Evidence Code section 1109 is unconstitutional, and (4) the trial court abused its discretion in allowing the prosecution to introduce evidence of prior domestic violence. We reject defendant’s contentions and will affirm the judgment.

FACTS

A.G. and defendant had been married to each other for 11 years; during the last three years they were separated. After their separation, A.G. moved to Sacramento with the children in February 2006, leaving defendant behind and not telling him where she was going. Nonetheless, defendant found her and arrived in Sacramento…