Spencer

A jury convicted appellant Andre Spencer of voluntary manslaughter and attempted voluntary manslaughter and found true enhancements of personal use of a firearm and infliction of great bodily injury. (See Pen. Code, § 192, subd. (a); former §§ 664, 12022.5, subd. (a), 12022.7.) He was sentenced to 18 years and 4 months in state prison. Spencer appeals, contending that the trial court committed instructional and sentencing error.

I. Facts

A. Facts of the Crime

On the night of June 12,1991, appellant Andre Spencer shot and killed his cousin Anthony Jefferson and injured his cousin’s girlfriend Cher Brooks. Jefferson and Brooks were driving around San Francisco paging Spencer. When Spencer responded, Jefferson talked with him on the cellular phone in Jefferson’s car. They agreed to meet near Second and Townsend Streets. Jefferson had an open bottle of beer nestled between his legs. They spotted Spencer nearby and drove up to meet him.

Spencer came up to the two-door Mustang and Jefferson pulled over to let him get in. Spencer went into an alley first to get something off the top of a dumpster, returning with it hidden under his coat. He came over to the passenger side of…