Hayden

conviction of second degree murder (Pen. Code, § 187) with a finding that a principal was armed with a firearm (Pen. Code, § 12022, subd. (a)(1)). He contends the trial court erred in refusing him a free transcript of the trial proceedings against severed codefendant Jack Riley, and that the court made instructional errors. The contentions are without merit. The judgment is affirmed.

Facts

On June 11, 1991, at about 10 p.m., Carol Romine was working as a prostitute out of a motel in Ontario. Defendant drove up on his motorcycle and solicited a sexual act from Romine. Defendant and Romine went into a room at the motel. Defendant paid Romine $40 and they engaged in a sexual act. Romine went into the bathroom. When Romine came out, defendant—apparently dissatisfied with Romine’s services—pulled a gun from his duffel bag, placed it to Romine’s head, and demanded the return of his money. Romine returned the $40 and sat on the bed as defendant commanded.

Through the partially opened door of the motel room, Michael Rowe, Romine’s boyfriend, saw defendant holding a gun on Romine. Rowe called to a friend, Clemmy Jones, and they went to Romine’s room. As defendant exited the…