In what circumstances will a jury determine that a defendant intended to kill his ex-partner?

In arriving at the intention of the defendant, regard should be given to what occurred at the time of the killing as well as what was done before and after the time. (People v. Eggers (1947) 30 Cal.2d 676, 686.) Here, as the People point out, appellant's relationship and past conduct with Perkins provided evidence of motive. Appellant had acted abusively toward her, choked her, and threatened to kill her. As appellant acknowledges, he and Perkins were seen arguing on a canal bank near Grover's home approximately 20 hours before her death. From the history of appellant's abusive relationship with Perkins, as well as the deliberate nature of strangulation, the jury could reasonably infer that appellant engaged in a deliberate plan to kill Perkins and that the prosecution met its burden of "proving appellant's act causing Perkins' death was not done in the heat of passion."