Swain

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 ); (4) it was prejudicial error to refuse to instruct the jury on the lesser included offenses of voluntary and involuntary manslaughter; and (5) it was reversible error to give CALJIC No. 2.03. Finding each of these issues without merit, we affirm.

II

Facts

Karen Haywood’s body was discovered in Silverwood Lake on October 4, 1991. She died as a result of 14 intentional blows to her skull with some sort of tool such as a hammer, tire iron, or other metal object having a circular edge. The investigation of Karen’s death led the San Bernardino Sheriff’s Department to suspect defendant was the assailant.

A witness had seen Karen with a man, who looked like defendant, on the afternoon of September 28,…