People v. Cervantes CA5

INTRODUCTION

Defendant Miguel Andrez Cervantes was convicted of second degree murder after stabbing Jesse M.1 with a kitchen knife in a store parking lot. Serving prison time on other charges, defendant made un-Mirandized2 and inculpatory statements during an interview with homicide detectives, which were admitted at trial. The trial court sentenced defendant to a term of 15 years to life in prison, plus one year. Defendant appeals and argues that the trial court erred in admitting his statements to detectives into evidence because the custodial interview was not preceded with advisement of his Miranda warnings and his statements were involuntary and coerced. Additionally, defendant argues that the trial court erred in failing to instruct the jury regarding voluntary manslaughter as a lesser included offense under theories of imperfect self- defense and heat of passion. We affirm the judgment.

PROCEDURAL BACKGROUND

The District Attorney of Kern County filed an information on May 19, 2023, charging defendant with murder (§ 187, subd. (a)) and alleging the murder was committed with premeditation and deliberation, defendant personally used a deadly weapon (§ 12022, subd. (b)(1)),…