Hayes

Scott McKay Hayes appeals from his convictions for spousal rape (Pen. Code, § 262, subd. (a) ), corporal injury to spouse (§ 273.5, subd. (a)), false imprisonment (§ 236), and attempting to dissuade a victim from prosecuting a crime (§ 136.1, subd. (b)(2)), enhanced for a prior prison term (§ 667.5, subd. (b)). He contends that the trial court erred in denying his request for discovery and in excluding at trial evidence relating to the victim’s alleged involvement in prostitution and the parentage of her baby. He also contends that the evidence is insufficient to establish the enhancement for service of a prior prison term. We find merit in appellant’s contention regarding discovery, but find the error harmless except with regard to the spousal rape conviction. Accordingly, we reverse the spousal rape conviction (count 2) and remand to the trial court to determine whether the error requires a new trial on that charge. As to all other counts, we affirm.

Factual and Procedural Background

By information, the Marin County District Attorney charged appellant with corporal injury to a spouse, spousal rape, false imprisonment by violence, and dissuading a victim from…