Is a computer-generated record of a criminal conviction admissible under California Evidence Code section 452.5?

California, United States of America


The following excerpt is from People v. Payne, F063494, F063901 (Cal. App. 2013):

7. Duran held "Evidence Code section 452.5, subdivision (b) creates a hearsay exception allowing admission of qualifying court records to prove not only the fact of conviction, but also that the offense reflected in the record occurred." (People v. Duran, supra, 97 Cal.App.4th at pp. 1460-1461.) However, Evidence Code section 452.5 addresses the admissibility of computer-generated official court records "which relate to criminal convictions," and "an official record of conviction." (Evid. Code, 452.5, subds. (a), (b).) While exhibit No. 1 consists of official court records from case No. TF005315A, these entries were for a case which was later consolidated and dismissed, rather than an official record of "conviction."

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