People v. Rogers

Michael Ray Rogers (appellant) appeals from a judgment of conviction following a jury verdict finding him guilty of attempted voluntary manslaughter and assault with a firearm and finding that he used a firearm in the commission of the offenses. (Pen. Code, §§ 664/192, subd. (a), 245, subd. (a)(2), 12022.5.) Appellant admitted a prior serious felony conviction. (Pen. Code, § 667.) He contends that the trial court abused its discretion in denying his Faretta motion (Faretta v. California (1975) 422 U.S. 806 [ 45 L.Ed.2d 562 , 95 S.Ct. 2525 ]). We affirm.

Facts

On September 3, 1993, John Davey, a wharfinger for the Port of San Francisco, was in the process of posting notices on boats docked illegally at Islais Creek. Davey was accompanied by two police officers. Officer Neybert was videotaping the posting to document that notices were given in the event of a court challenge. Prior to approaching appellant’s boat, Officer Parent! saw appellant looking over at them as they posted a notice on a boat, but appellant subsequently disappeared from view. When they arrived at appellant’s boat, they noticed appellant coming up out of the hatch of his boat. Appellant pointed a flare…