California, United States of America
The following excerpt is from The People v. Wilbert Lee St., F058909, Super. Ct. No. VCF204484 (Cal. App. 2010):
8. In a footnote in the respondent's brief, the Attorney General requests that we take judicial notice of the file in People v. Street (F059165), an appeal by the district attorney from the "imposition of an unlawful sentence" in the matter before us. ( 1238, subd. (a)(10).) The applicable rule of court requires: "To obtain judicial notice by a reviewing court under Evidence Code section 459, a party must serve and file a separate motion with a proposed order." (Cal. Rules of Court, rule 8.252(a)(1).) We deny the Attorney General's request but for judicial efficiency take judicial notice on our own motion of the record in People v. Street (F059165). (Evid. Code, 452, subd. (d)(1), 459, subd. (a).)
9. For judicial efficiency, the abstract of judgment should be modified concurrently with the modification of the abstract of judgment ordered in People v. Street (F059165).
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