Burton

— Defendant and appellant Leroy Burton III appeals his conviction on one count of first degree murder. In the unpublished portion of *131 this opinion, we reject Burton’s contentions that the evidence was insufficient to show that he deliberated and premeditated the killing, that the court erred in its instruction on premeditation and deliberation, and that trial counsel provided constitutionally deficient representation. In the published portion of the opinion, we reject the contention, based on Morales-Garcia v. Holder (9th Cir. 2009) 567 F.3d 1058 (Morales-Garcia), that intimate partner battery, in violation of Penal Code section 273.5, is not categorically a crime of moral turpitude. We conclude that Burton’s two prior convictions for violation of that statute were properly admitted for impeachment purposes.

PROCEDURAL HISTORY

Defendant was charged with the first degree murder of Ja’bari Jones and the personal use of a firearm causing death. (Pen. Code, §§ 187, subd. (a), 12022.53, subd. (d).) 1 The information also alleged that defendant had one prior strike conviction and had served three prior felony prison terms. (§§ 667, subds. (c), (e)(1), 1170.12, subd.…