Rucker

Carole Ann Rucker was convicted by a jury of attempted murder involving the personal use of a firearm and great bodily injury (Pen. Code, §§ 664, 187, subd. (a), 12022.53, subd. (d), 12022.7, subd. (e)) and of exhibiting a firearm in the presence of a peace officer (Pen. Code, § 417, subd. (c)).

On appeal, Rucker contends the court erred in admitting a prior domestic violence incident under Evidence Code section 1109 because she was not in a “dating relationship” with the victim, the prior incident did not involve “domestic violence,” and the evidence was unduly prejudicial and violated her right to due process; in ruling the prior domestic violence incident was admissible under Evidence Code section 1101, subdivision (b); in giving CALJIC No. 2.50.02 as it misled the jury on the use of prior uncharged offenses; and in failing to conduct further hearings into her claims of jury misconduct. We affirm.

FACTS

Rucker, then about 50 years old, met the victim, Hubert Watson, through an Internet dating service. About two months later, in July 2001, they had their first date. They continued to date, including dining out at restaurants, eating dinner at Watson’s condominium,…