Beaudreaux

I. BACKGROUND

The pertinent record of conviction consists of a clerk’s transcript, the trial court minutes, and the jury instructions and verdicts from the underlying proceedings against Beaudreaux in 2009.2 Supplementing that, we grant Beaudreaux’s request for judicial notice under Evidence Code sections 452 and 459 of (1) our 2011 appellate opinion affirming his conviction in the underlying case (People v. Beaudreaux (Jul. 21, 2011,

2 The appellate record in this case also contains (1) the 2020 appellate

court opinion, which, as further explained below, we may consider for procedural history only, and (2) a probation department report, which we cannot consider because, “[o]rdinarily, a probation officer’s report is not a part of the record of conviction.” (People v. Del Rio (2023) 94 Cal.App.5th 47, 56, following People v. Burnes (2015) 242 Cal.App.4th 1452, 1458; accord, People v. Soto (2018) 23 Cal.App.5th 813, 816, fn. 2.)

2 A126140) [nonpub. opn.] (Beaudreaux I)), and (2) the clerk’s transcript filed in the appeal from the trial court’s denial of his previous resentencing petition (People v. Beaudreaux (Aug. 31, 2020, A159751) [nonpub. opn.] (Beaudreaux II).) From this…