Does the Attorney General object to our taking judicial notice of the court records to which defendant refers?

California, United States of America


The following excerpt is from People v. Ramirez, 270 Cal.Rptr. 286, 50 Cal.3d 1158, 791 P.2d 965 (Cal. 1990):

The Attorney General does not object to our taking judicial notice of the court records to which defendant refers, and does not challenge defendant's assertion that, in light of section 17, subdivision (c), trial counsel could have succeeded in having defendant's section 12020 conviction designated a misdemeanor, rather than a felony. 17 The Attorney General argues, however, [50 Cal.3d 1188] that defendant's trial counsel had a reasonable tactical basis for stipulating to the admission of the section 12020 conviction as a felony conviction. The Attorney General points out that, prior to both the first and second penalty trials, trial counsel argued vigorously that the prosecution should not be permitted to go behind the record of any admitted prior felony conviction to introduce evidence of the facts underlying such conviction. (Cf. Peo ple v. Hall, supra, 28 Cal.3d 143, 156, 167 Cal.Rptr. 844, 616 P.2d 826.) The Attorney General asserts that counsel would not have been able to make or preserve this argument with respect to the evidence underlying the section 12020 conviction if that conviction had not been admitted as a felony conviction under section 17, subdivision (c).

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