Ibarra

Filed 11/21/

CERTIFIED FOR PUBLICATION

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D084309

Plaintiff and Respondent,

v. (Super. Ct. No. SWF1807625)

FRANCISCO CARLOS IBARRA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Riverside County, Stephen J. Gallon, Judge. Affirmed in part; reversed and remanded with instructions in part. James M. Crawford, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Steve Oetting and Heather B. Arambarri, Deputy Attorneys General, for Plaintiff and Respondent. A jury found Francisco Carlos Ibarra guilty of the attempted murders of A.U. and R.M. and two counts of attempted robbery. Defendant contends on appeal that the trial court prejudicially erred: (1) by instructing the jury on a “kill zone” theory of attempted murder liability because there was no evidence that Ibarra knew R.M. was present during the shooting; (2) by failing to instruct the jury as to self-defense or imperfect…