For his fourth trial, a Southern California man accused of seriously wounding a woman while trying to kill her father in 2004 has decided to represent himself in Fresno County Superior Court.

Judge Wayne Ellison said Thursday that Jesse David Alvarez's decision may backfire. "The DA will convict you because of your ill-advised decision," Ellison said.

Jesse David Alvarez, 42, is charged with two counts of attempted murder and assault with a firearm. He has been in custody more than five years and has endured the prosecution's three unsuccessful attempts to convict him.

Alvarez said he is innocent of the charges. He told the judge Thursday that he decided to represent himself because his court-appointed attorneys wanted to delay his fourth trial.

But his decision clearly irked Ellison, who told Alvarez that he had a constitutional right to defend himself, but "you're making a big mistake."

Wearing a jail jumpsuit and shackles, Alvarez complained to Ellison that before he could be tried, he needed a transcript of his third trial, copies of police reports and other evidence, access to the jail's law library, and money to pay an investigator.

But Ellison told him to take care of those issues legally.

"You're a lawyer, write a motion," the judge said.

Initially, Thursday's hearing was called to give prosecutors the opportunity to defend their position to seek a fourth trial. But Ellison said that issue will be taken up on April 8. Alvarez's fourth trial could happen after that issue is resolved, the judge said.

If Alvarez insists on being his own lawyer, Ellison said, he will appoint a lawyer to sit in the courtroom. That lawyer will take over the trial if Alvarez's behavior causes him to be removed from the courtroom.

"This trial will go on with or without you," Ellison warned Alvarez.

Prosecutor Michael Frye contends Alvarez, armed with a silencer-equipped gun, came to a northwest Fresno home on Sept. 24, 2004, to kill a man. Instead, the gunman seriously wounded the man's daughter, who answered the door, and fired shots toward another daughter.

The first trial ended with a jury deadlocked 7-5 in favor of acquittal. Alvarez was convicted in a second trial, but the verdict was overturned on appeal because of jury misconduct. A third trial also resulted in a hung jury.