Poplar

J. — A jury convicted defendant of forcible rape (Pen. Code, § 261, subd. (a)(2); undesignated section references are to this code). Defendant admitted a prior felony conviction for assault with a firearm (§ 245, subd. (a)(2)) within the meaning of the three strikes law (§§ 667, subds. (b)-(i), 1170.12) and for the purposes of a five-year enhancement (§ 667, subd. (a)).

Sentenced to state prison for 16 years (upper term of 8 years doubled for the strike prior), defendant appeals. He contends (1) the trial court erroneously admitted evidence of prior acts of violence, (2) the trial court erroneously admitted evidence of telephone conversations between defendant and the victim, (3) the trial court erroneously instructed in the language of CALJIC Nos. 2.50, 2.50.1 and 2.23.1, and (4) his sentence must be reduced to eight years because the strike prior was dismissed. We will affirm.

Facts

About 9:30 p.m. on September 27, 1996, A. K. arrived at the apartment she shared with defendant, took a shower, went to bed and watched television. A. K. had been living with defendant since about October 1995. About 11:00 p.m., defendant arrived at the apartment. They started arguing. A.…