What is the test for establishing prima facie evidence under section 969b of the California Criminal Code?

California, United States of America


The following excerpt is from The People v. Lane, C059605, No. CM029369 (Cal. App. 2010):

4. In pertinent part, section 969b provides that "[f]or the purpose of establishing prima facie evidence of the fact that a person being tried for a crime... has been convicted of an act punishable by imprisonment in a state prison, county jail or city jail of this state, and has served a term therefor..., the records or copies of records of any state penitentiary..., when such records or copies thereof have been certified by the official custodian of such records, may be introduced as such evidence."

1. People v. Marsden (1970) 2 Cal.3d 118.

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