Barre

In a jury trial, when an alleged prior conviction has been denied and not bifurcated, may the trial judge take judicial notice of its records (Evid. Code, § 452, subd. (d)) as conclusive proof of that alleged prior conviction? Our answer is no. Accordingly, we in part reverse and in part affirm the judgment.

Factual and Procedural Background

Because there is no insufficiency of evidence claim, the facts may be stated simply.

On October 1, 1990, in the afternoon, 25-year-old Ronald Edward Barre, Jr. (appellant) entered Mervyn’s department store in Redondo Beach carrying a May Co. bag. He went to the jeans counter, selected a pair of Levi’s and walked to a fitting room. After trying on the Levi’s he left the May Co. bag in the fitting room and returned the Levi’s to the counter.

A suspicious security guard who had followed appellant to the fitting room, entered appellant’s fitting room and looked inside the May Co. bag. Except for a fist-sized package, it was empty. The guard activated a video camera and waited for appellant’s return.

Appellant returned with two pairs of Levi’s. He tried on one pair and soon left the fitting room carrying one pair of Levi’s and a now…