Morgan

Appellant David Morgan was charged by information with seven counts based on his alleged battery of Julie Parker.

On February 5, 1995, the date of the alleged battery, Parker told one sheriff’s deputy that Morgan had beaten her. However, at trial, Parker testified that on the date in question she was hallucinating and that Morgan was merely restraining her so that she would not leave the apartment. Parker also testified that she sustained some of her injuries as a result of falling and hitting her face on the floor.

In response to the fact that Parker had changed her description of events, the prosecution offered expert testimony on the subject of battered women’s syndrome. A portion of this expert testimony addressed the prevalence with which battered women recant their stories.

A jury found Morgan guilty of five of the seven charged counts: two counts of assault by force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(1)); two counts of battery on a noncohabiting date (Pen. Code, § 243, subd. (e)); and one count of false imprisonment (Pen. Code, §236).

The sole issue on appeal is the propriety of the admission of battered women’s syndrome…