California- He thought he was taking home a woman. Instead, it was a man. Wednesday, Estanislao Martinez was sentenced for stabbing the cross dresser to death.

It may be the strange circumstances that led to a plea deal. For stabbing a cross-dressing man to death, Martinez will spend just four years in prison.

Estanislao Martinez pleaded guilty to voluntary manslaughter. His attorney said Martinez panicked when he discovered the person he thought was a woman, was really a man.

Martinez will serve the minimum sentence for manslaughter involving the use of a knife.

Police say in August of last year, Martinez stabbed Joel Robles 20 times before jumping out of an apartment window. Martinez was found wandering naked along Freeway 41.

Defense attorneys say the murder was not premeditated or planned. Instead, it was a heat of passion crime known as “gay panic” – when a transvestite represents him or herself as the opposite sex and the unknowing person becomes enraged when they find out the truth.

Legal experts say using the “gay panic” defense was effective in this case in getting a reduced sentence.

“I think it is because most people, when they’re going to have a relationship with someone, expect it to be the opposite sex. I think when you find out it’s not, all kinds of things run through your mind,” said defense expert Ernest Kinney. Robles was a cross dresser and the light sentence Martinez was given is outrageous, according to some gay and lesbian activists.

“If I just stole money from you, I’d serve more time than this person did for stabbing someone 20 times,” said Charlotte Jenks, a gay-lesbian activist.

The victim’s family tells Action News the punishment does not fit the crime, but they are pleased the court process is over.

The judge could have given Martinez 3, 6 or 11 years – plus an additional year for using a knife.

The deputy district attorney who tried the case declined to comment.