P. v. Gamez
Lucio Alberto Gamez appeals the judgment entered after a jury convicted him of spousal rape (Pen. Code,[1] 262, subd. (a)(1)), false imprisonment by violence ( 236), two counts of making criminal threats ( 422), corporal injury to a spouse ( 273.5, subd. (a)), assault with a deadly weapon ( 245, subd. (a)(1)), cruelty to a child by endangering health ( 273a, subd. (b)), and intimidating a witness ( 137, subd. (b)).
The jury found true the allegation that one count of making criminal threats was committed with the use of a deadly weapon ( 12022 , subd. (b)(1)). The trial court sentenced him to a total of 12 years in state prison. He contends the court abused its discretion in admitting expert testimony on Battered Women's Syndrome. He also claims the court violated his due process rights by admitting evidence of his prior acts of violence against the victim under Evidence Code sections 1109 and 352. Court affirm.
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