Sexton

*459 Defendant Daniel Frank Sexton was convicted of several crimes committed against Jane Doe, his ex-wife. 1 During the course of the investigation, Jane first accused him of domestic violence, later recanted her allegations, and then reverted to her original statements. At trial, the jury received *460 testimony from an expert who offered her professional opinion about statements typically made by victims of intimate partner battering. Specifically, the expert asserted that it is not unusual for victims of intimate partner battering to cycle between periods of seeking assistance from law enforcement and of supporting their battering partners, including by making false statements to the police.

On appeal, Sexton challenges CALCRIM No. 850, the standard jury instruction regarding testimony by complaining witnesses in cases in which the jury also hears evidence from an expert in intimate partner battering. The instruction directs the jury to limit their consideration of the expert testimony to their evaluation of whether the alleged victim's conduct was not inconsistent with the conduct of a victim who had been abused. The instruction further directs the jury to take this analysis…