Disa

Defendant Adam Wade Disa admitted to police that he killed his girlfriend by putting her in a chokehold, but denied he meant to kill her. A jury found him guilty of first degree murder (Pen. Code, § 187).

Defendant contends there was insufficient evidence of premeditation and deliberation, and the trial court erred in admitting evidence of defendant’s prior act of domestic violence. We conclude the evidence of premeditation and deliberation—though far from compelling—was sufficient to sustain the first degree murder conviction. Absent error, we would affirm. However, we conclude that it was error to allow the jury to hear extensive evidence of defendant’s past act of domestic violence, which involved planning, hours of waiting, and a bloody knife attack on sleeping victims. Given the relative weakness of the evidence of premeditation and deliberation in the current case, we conclude there is a reasonable probability the improper admission of such vivid and inflammatory evidence of defendant’s past conduct affected the verdict. Accordingly, we reverse the first degree murder conviction. We need not reach defendant’s remaining arguments.

FACTUAL AND PROCEDURAL…