California, United States of America
The following excerpt is from Rogers, In re, 169 Cal.Rptr. 222, 28 Cal.3d 429, 619 P.2d 415 (Cal. 1980):
Here, the state could have presented evidence of the court's reasons at the serious offender hearing. It failed to do so. Again, if the evidence was at all relevant to the issues raised, the state could have offered to introduce this evidence at the superior court hearing on the habeas corpus petition. It failed to do so. Based on this dismal record, the state should not expect this court to bend its rules, take judicial notice and thereby augment the record with the 1976 trial proceedings. (See also People v. Zamora (1980) 28 Cal.3d 88, 96, 167 Cal.Rptr. 573, 615 P.2d 1361.)
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