Hernandez

This is an appeal of a conviction for attempted rape under Penal Code sections 261 and 264 and assault with intent to commit rape under Penal Code section 220. Two central issues are presented. First, did the trial court abuse its discretion in denying the appellant’s motion to represent himself, a motion made immediately before the commencement of the trial. Second, did the trial court err when it allowed the jury to reconsider its verdict on one of two counts after it returned to consider the verdict on the other. Since we find no error was committed by the trial court, we affirm.

I. Facts and Proceedings Below

Because the issues raised on appeal concern the conduct of the trial itself, a detailed discussion of the facts surrounding the attempted rape is unnecessary.

On the evening of February 20, 1983, the appellant went to the home of his estranged wife. After being there for about an hour and a half, he left and went next door to the apartment of Laura Carletello. The appellant knocked on her door. Although Ms. Carletello tried to keep the appellant out after she opened the door, he forced his way in. He proceeded to attempt to rape her. Mrs. Hernandez heard the…