Flores

Carlos Fernando Flores appeals from the judgment following his convictions in 2007 for crimes he committed in 1994. He contends his history of domestic violence was used against him at trial in violation of the constitutional prohibition against the ex post facto application of laws. We disagree. Appellant also contends, and respondent concedes, that the court erred in fashioning appellant’s sentence. We agree and order modification of the erroneous provisions. As modified, the judgment is affirmed.

FACTS AND PROCEEDINGS

In the early 1990’s, appellant Carlos Femando Flores and Guadalupe Aguilar, whose families came from the same small Mexican town in Sinaloa, were romantically involved. They lived together as a couple for some period and had a child in October 1993. Following the birth of their child, their relationship ended and they took up separate residences.

In the summer of 1994, Aguilar began dating Oscar Molina. Although appellant and Aguilar no longer lived together, appellant claims they had remained a couple and had found an apartment in which they planned to resume sharing a home. One evening in November 1994, Aguilar was sitting with Molina in a car parked…