Wesson

Defendant Robert David Wesson appeals from a judgment of conviction entered after a jury found him guilty of sodomy by force (Pen. Code, § 286, subd. (c)(2)), inflicting corporal injury on a spouse (Pen. Code, § 273.5, subd. (a)), mating criminal threats (Pen. Code, § 422), and attempting to dissuade a witness (Pen. Code, § 136.1, subd. (b)(2)). In a bifurcated trial, the court found that defendant had suffered a prior sex offense conviction under the “One Strike” law (Pen. Code, § 667.61, subd. (a)) and two prior serious felony convictions under the “Three Strikes” law (Pen. Code, § 1170.12, subd. (c)(2)). The trial court also found that defendant had served a prior prison term (Pen. Code, § 667.5, subd. (b)). The trial court sentenced defendant to 102 years to life in state prison. On appeal, defendant contends that the trial court erred in admitting documentary evidence rather than live testimony as propensity evidence under Evidence Code section 1108. We find no error and affirm the judgment.

I. Statement of Facts

Defendant and the victim S.D. met at a Narcotics Anonymous meeting in 2001. They became romantically involved and began living together a few months…