People v. Cervantes CA2/7

INTRODUCTION

Daniel Cervantes appeals from his conviction for the first degree murder of Julio Robles-Castaneda. We appointed counsel to represent Cervantes in this appeal. Cervantes’s counsel reviewed the record and did not identify any arguable issues. (People v. Wende (1979) 25 Cal.3d 436.) Nor, after reviewing the record independently, have we. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Robles-Castaneda had been in an intermittent relationship with Zulema Burgueno-Ramirez, beginning when Robles- Castaneda was 18 years old and Burgueno-Ramirez was 13 years old.1 In October 2018 they had a son. They were together at the time of Robles-Castaneda’s death. Cervantes met Burgueno-Ramirez in 2017, and they began a sexual relationship in August 2019. Cervantes and Robles- Castaneda would both spend several nights a week with Burgueno-Ramirez, who lived with her mother, but generally on different nights. Cervantes had animosity toward Robles- Castaneda because of his sexual relationship with Burgueno- Ramirez. He would on occasion tell Burgueno-Ramirez that he wanted to “whack” Robles-Castaneda and ask her if he could. A month before the murder, Cervantes told Burgueno- Ramirez’s…