HASELMAN

Certified for Partial Publication. [*]

Appellant Timothy Haselman (Haselman) was charged with a total of five counts of sexual battery on two patients he had seen in his medical practice in Bakersfield. The jury returned a verdict of guilty as to one misdemeanor count of sexual assault on one of the two victims and not guilty as to all other counts. Haselman appeals his conviction alleging evidence of an uncharged and unprosecuted instance of sexual misconduct was improperly admitted. He further alleges his jury was erroneously instructed regarding the uncharged misconduct. We find Haselman's allegations to be without merit and will affirm.

On January 31, 2000, a five-count information was filed in Kern County alleging Haselman had engaged in unlawful sexual conduct with two former patients. Count 1 charged a felony violation of Business and Professions Code section 729, subdivision (b)(3), unlawful sexual intercourse, with two or more unspecified patients. Count 2 charged felony sexual battery in violation of Penal Code section 243.4, subdivision (c) on a former patient, Susan V. Count 3 charged felony sexual battery in violation of Penal Code section 243.4,…