Gomez

Introduction

In this case, we decide expert testimony regarding battered women’s syndrome is not relevant unless there is sufficient factual evidence that the victim is a battered woman.

A jury found Daniel R. Gomez (Gomez) guilty of assault with a deadly weapon and by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(1)), during the commission of which he personally inflicted great bodily injury under circumstances involving domestic violence (§ 12022.7, subd. (d)), misdemeanor battery of a cohabitant (§ 243, subd. (e)), and misdemeanor assault (§ 240). The jury found Gomez not guilty of willfully inflicting corporal injury on a cohabitant (§ 273.5). In a bifurcated proceeding, the trial court found true allegations Gomez previously had been convicted of four serious or violent felonies within the meaning of the “Three Strikes” law (§ 667, subds. (b)-(i)). The trial court sentenced Gomez to 25 years to life in prison. He timely filed a notice of appeal.

Gomez contends the trial court erred when it allowed the prosecutor to present expert testimony regarding battered women’s syndrome. He argues this expert testimony was irrelevant…