People v. Taylor CA1/4

I.

INTRODUCTION

In this government appeal, the prosecution argues that the superior court erred in granting a Penal Code section 995 motion1 to set aside three counts of the information charging respondent William Taylor with commercial burglary. The superior court granted the motion based upon its conclusion the magistrate improperly took judicial notice of William Taylor’s birth date, race, and gender from the court’s computer information database which was not shown to be accurate or reliable. We conclude the magistrate properly took judicial notice pursuant to Evidence Code sections 452 and 452.5, and we reverse.

1 All subsequent references are to the Penal Code unless otherwise identified.

II.

FACTUAL AND PROCEDURAL BACKGROUND

Taylor allegedly committed two burglaries within six days of each other in March 2015. The first burglary, which is the subject of this appeal, occurred on March 17, 2015.2 A suspect, alleged to be Taylor, entered the Wilkes Bashford store on Sutter Street in San Francisco by using a metal pipe to shatter a glass panel on the main entrance door. The police reviewed surveillance footage that showed the suspect using a mirror to smash a jewelry…