Is there any evidence that a defendant's probation sentence for possession of a controlled substance was served concurrently with that same conviction?

California, United States of America


The following excerpt is from People v. Pacheco, B238742 (Cal. App. 2013):

5. In his opening brief, defendant cites to the probation report and argues that it shows that his sentences on the two convictions for possession of a controlled substance were served concurrently. He also cites to a printout from the San Bernardino County Superior Court website that is attached to his request for judicial notice, and asserts that it shows his sentence on the October 2007 conviction was "to run concurrent to any other time." The probation report, however, is not evidence (see People v. Lockwood (1967) 253 Cal.App.2d 75, 81) and because the printout was not before the trial court, we deny defendant's request that we take judicial notice of it.

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