How have the courts dealt with a Defendant's request that we take judicial notice of the record on appeal?

^1. Defendant requests we take judicial notice of the record on appeal in our prior nonpublished opinion (People v. Robison (Apr. 10, 2014, F067525)). (Evid. Code, 452, subd. (d)(1), 459; Cal. Rules of Court, rule 8.252(a)(2); People v. McCarthy (2016) 244 Cal.App.4th 1096, 1100, fn. 2.) The People object on the ground the record is not relevant, as demonstrated by defendant's failure to cite to any portion of it in his argument. We take judicial notice of those facts we rely on herein, taken from our nonpublished decision and the record. Defendant's request is otherwise denied.

^2. Further statutory references are to the Penal Code unless otherwise noted.

^3. In a separate but concurrently issued decision, we resolve a later filed appeal brought by defendant, which challenges the trial court's subsequent order denying his motion to dismiss three of his prior prison term enhancements after they were reclassified from felony convictions to misdemeanors. (People v. Robison (F071955, Feb. 24, 2017) [nonpub. opn.].)

^4. We do not interpret defendant's brief as raising a claim that his rights were violated by virtue of his absence from the hearing on his petition. We note that defendant's personal presence was waived by counsel and we discern no valid basis for a claim that under the circumstances, he had a right to be personally present. (People v. Fedalizo (2016) 246 Cal.App.4th 98, 109-110.)