Plaza

We reject Michael Angel Plaza’s claims of evidentiary, instructional and sentencing error and affirm his conviction of five sex offenses.

Facts

Plaza and Elizabeth W. had a sexually intimate relationship for about nine months. About a week after the relationship ended, Elizabeth returned home to find several abusive messages from Plaza on her answering machine. Later that night, he called several more times and, when she answered, he called her names and accused her of being unfaithful. About 11 p.m., Plaza arrived at Elizabeth’s apartment building. He was crying and upset, and Elizabeth let him in. When he entered, Plaza (carrying three bottles of wine) went directly to Elizabeth’s bedroom, shut the door, and did not come out for about five minutes.

When Plaza emerged, he was verbally abusive and he accused Elizabeth of betraying him. He said he loved her and hated her at the same time, that he “wanted to touch [her] legs,” and that he “want[ed] to fuck” her. The phone rang and Elizabeth talked to a neighbor. Plaza yelled at Elizabeth, asking “if that was another one of [her] boyfriends that [she] was having sex with” and told her to “tell him to come over because…