What is the effect of the date of birth on a motion to reopen a criminal case?

California, United States of America


The following excerpt is from People v. Esquivel, 2d Crim. No. B298812 (Cal. App. 2020):

Appellant contends the court erred in taking judicial notice of his date of birth because the evidence in the record upon which it relied was inadmissible hearsay. We agree with the People that this contention is forfeited. As the trial court noted, it would have allowed the prosecutor to reopen if the issue had been raised in the section 1118.1 motion appellant brought after the prosecution rested. (See People v. Goss (1992) 7 Cal.App.4th 702, 708.) The court thus gave defense counsel the option of

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