Hoover

1. Introduction

Defendant Mark Anthony Hoover appeals from a judgment against him for enhanced aggravated assault under circumstances involving domestic violence. (Pen. Code, §§ 245, subd. (a) (1), 12022.7, subd. (d).) Defendant was sentenced to a total prison term of 21 years.

The California Supreme Court granted review of the original published decision in this case. After rendering its decision in People v. Falsetta (1999) 21 Cal.4th 903 [ 89 Cal.Rptr.2d 847 , 986 P.2d 182 ], upholding the constitutionality of Evidence Code section 1108, the court ordered us to vacate our decision and to reconsider it in light of Falsetta .

Based on Falsetta , we again reject defendant’s constitutional challenge to Evidence Code section 1109, which permits the admission of defendant’s other acts of domestic violence for the purpose of showing a propensity to commit such crimes. (People v. Johnson (2000) 77 Cal.App.4th 410 [ 91 Cal.Rptr.2d 596 ].) We also reject defendant’s contentions regarding instructional and sentencing error and affirm the judgment.

2. Facts

Mary Theresa Seals (Seals) testified that she had dated and lived with defendant for several years. On September 18,…