What is the test for establishing that a report is part of the record of a conviction?
California, United States of America
The following excerpt is from People v. Rhoden, 216 Cal.App.3d 1242, 265 Cal.Rptr. 355 (Cal. App. 1989):
"In sum, the trier of fact may consider facts established within the record of conviction, even if those facts were not essential to the judgment." (People v. Smith (1988) 206 Cal.App.3d 340, 344, 253 Cal.Rptr. 522, fn. omitted.) However, we can find no logical basis for concluding this report is part of the record of conviction.
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