People v. Ciervo CA5

BACKGROUND

After the jury rendered a verdict and was excused, the prosecutor offered certified court dockets as proof of defendant’s prior prison term. The following occurred:

“[PROSECUTOR]: Your Honor, if the Court would take judicial notice of evidence that has been marked People’s [exhibits] 5 through 10, certified booking photos and certified court dockets. The booking photos each correspond to a docket. Within those certified dockets, there’s an entry that reflects that the defendant was sentenced to two years [in] prison. And there’s a presumption under Evidence Code Section 664 that took place…. [¶] … [¶]

“THE COURT: Mr. [Prosecutor], do the People rest or have any other evidence?

“[PROSECUTOR]: With the Court having admitted the documents the People have requested, the People rest.

“THE COURT: Mr. [Defense Counsel], any defense evidence?

“[DEFENSE COUNSEL]: No, Your Honor.

“THE COURT: All right. The Court has read and considered exhibits … 5, 6, 7, 8, 9, and 10. Based upon the evidence presented, the

All statutory references are to the Penal Code unless otherwise noted.

2 Court will … find true the allegation alleged, pursuant to [section] 667.5(b).” At…