Ibarra

Hector Pedro Ibarra was charged with murder (Pen. Code, § 187), attempted murder (§§ 664, 187) and attempted robbery (§§ 664, 211), with personal firearm use as to each count (§ 12022.5), and a prior violent felony conviction in Texas within the meaning of section 667.5, subdivision (a). Ibarra admitted the prior violent felony before trial and a jury found him guilty of voluntary manslaughter, attempted voluntary manslaughter and attempted robbery, with personal use of a firearm in each count. The trial court sentenced Ibarra to a total determinate term of 13 Vi years, and he appeals.

In the evening of January 23, 1981, Ibarra gave a ride to Gerald H., known as “Terry,” a 17-year-old transvestite prostitute who was hitchhiking the streets of Oceanside looking for “tricks.” On Terry’s suggestion, Ibarra agreed to pay Terry $25 for an act of oral copulation. When Ibarra stopped the car, he pulled a loaded revolver out, pointed it at Terry and demanded money and an act of oral copulation. Terry showed Ibarra he had only change in his purse. Ibarra had Terry move next to him and Ibarra put his arm around Terry, stuck the revolver in Terry’s ribs, then fired a shot into the…