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PEOPLE v. BARRE

Docket No. B057938.

11 Cal.App.4th 961 (1992)

14 Cal. Rptr.2d 307

THE PEOPLE, Plaintiff and Respondent, v. RONALD EDWARD BARRE, JR., Defendant and Appellant.

Court of Appeals of California, Second District, Division Seven.

December 14, 1992.

Attorney(s) appearing for the Case

COUNSEL

Robert F. Howell, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, and Nancy Palmieri, Deputy Attorney General, for Plaintiff and Respondent.

OPINION

WOODS (Fred), J.

In a jury trial, when an alleged prior conviction has been denied and not bifurcated, may the trial judge take judicial notice of its records (Evid. Code, § 452, subd. (d)) as conclusive proof of that alleged prior conviction? Our answer is no. Accordingly, we in part reverse and in part affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Because there is no insufficiency of evidence...

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