People v. Baker CA4/1

DISCUSSION

Baker contends the trial court did not have sufficient evidence in the record of

conviction to show that Baker was armed during his 1994 offenses. He contends that to

the extent the court relied on the probation report for the fact he was personally armed,

the court did so in error.

The People have responded that Baker has waived any objection to the use of the

probation report by not objecting at the trial court level. The People also contend our

prior opinion affirming the conviction is part of the record of conviction and it

demonstrates Baker was personally armed in each offense. Candidly, it is unclear what

material the trial court considered. The court said:

On the court's own motion we take judicial notice of this court's records in People v. Baker (Oct. 11, 1996, D024193) [nonpub. opn.]. 3 "On both of these occasions this individual was contacted by law enforcement, and during pat-down found to be in possession of a semi-automatic handgun. The record of conviction supports the conclusion he was armed during the offense. That renders him ineligible for the relief requested."

There were no discussions at the hearing or in the written…