People v. Swain

Opinion

HOLLENHORST, Acting P. J.

I

Defendant, John Swain, appeals his conviction of second degree murder and raises the following issues: (1) his trial before a municipal court judge violated articles II, section 1, and VI, section 4 of the state Constitution, as well as the separation of powers doctrine; (2) the denial of his motion to represent himself violated his constitutional right to self-representation; (3) it was reversible error to fail to instruct the jury with CALJIC No. 2.83 (5th ed. 1988 1 ); (4) it was prejudicial error to refuse to instruct the jury on the lesser included…