DeJourney

A jury convicted Stacey Rudell Dejoumey of forcible rape (Pen. Code, 1 § 261, subd. (a)(2); count 1) and kidnapping (§ 207, subd. (a); count 3). 2 In a bifurcated proceeding, the trial court found true that Dejoumey had previously been convicted of a prior serious felony, which also constituted a strike under the “Three Strikes” law and for which he also had served a prior prison term. (§§ 667, subds. (a) & (b)-(i), 667.5, subd. (b), 1170.12.) The court sentenced Dejoumey to prison for a total term of 21 years.

Dejoumey appeals, contending the trial court prejudicially abused its discretion and violated his due process rights in admitting evidence of uncharged sexual acts under Evidence Code section 1108 and also in admitting expert testimony regarding a complaining witness’s cognitive disability. He also asserts there was no substantial evidence to support his count 3 kidnapping conviction. We affirm the judgment as modified.

FACTUAL BACKGROUND

On August 7, 2008, with the help of strangers, 20-year-old Krystina C. called 911 to report that she had just been raped in a dumpster area near some *1095 businesses by Balboa Avenue and Genesee Avenue in the Clairemont area…