Dunlap
People v. Dunlap
Opinion
Opinion
Thaxter, J.
In the published portion of this opinion we hold that the trial court properly admitted a California Law Enforcement Telecommunications System (CLETS) computer printout of appellant’s criminal information history (rap sheet) under the official records exception to the hearsay rule (Evid. Code, § 1280) as evidence that appellant served two prior prison terms for which his sentence in this action was enhanced. In doing so we rely on judicial notice of pertinent statutes and the presumption that official duty was regularly performed (Evid. Code, § 664).
In the unpublished portion of the opinion we reject appellant’s claims of prejudicial instructional error. We will affirm the judgment based on a jury verdict convicting appellant of three felonies: second degree robbery (Pen. Code, § 212.5, subd. (b)), vehicle theft (Veh. Code, § 10851, subd. (a)), and reckless driving while fleeing a peace officer (Veh. Code, § 2800.2), and one misdemeanor, willful interference with a peace officer (§ 148), and a separate verdict finding appellant served separate prison terms for two prior felony convictions (§ 667.5, subd. (b)).