Escobar

Jesus Maria Escobar timely appeals from a judgment of conviction entered after a jury found him guilty of the first degree murder of his wife, Patricia Escobar. (Pen. Code, § 187.) The jury also found true an allegation that he personally used a firearm in the commission of the murder. (Pen. Code, § 12022.5.) Appellant was sentenced to state prison for a term of 29 years to life.

Appellant contends that the trial court’s decisions to admit evidence of a 1992 incident of domestic violence pursuant to Evidence Code section 1109, and to instruct the jury with CALJIC No. 2.50.02 about the permissible use of such evidence, deprived him of his constitutional rights to due process and a fair trial. Appellant further contends that the trial court abused its discretion by allowing a rebuttal witness to testify about statements Patricia made three weeks before her death, regarding her desire to leave appellant and his threats to kill her if she did. Finding no reversible error as to any of appellant’s claims, we affirm.

I. Factual and Procedural Background

Appellant had been married to Patricia for 22 years when he shot her to death on October 3, 1997. When they married,…