The court first explained that this assertion in Matthews was dictum, because "the [Matthews] court had already concluded that the [documents] were inadmissible under any recognized exception to the hearsay rule Thus, the reasons underlying Guerrero's rule do not justify extending its reach to the matter at issue here. More fundamentally, the Dunlap court concluded that the cases Matthews cited, including Guerrero, did not govern because they considered the scope of evidence admissible to prove that a conviction "was for conduct of a particular type," not that "the defendant had been convicted Evidence Benchbook 3d ed. Accordingly, none of the statutes addressing 1 the obligation of law enforcement agencies to report conviction information to the Department, 2 the obligation of the Department to respond within 72 hours to requests for information, or 3 the Legislature's intention the CLETS system be an "accurate and reasonably complete" repository of "criminal offender record information" Pen. If a problem with "multiple 'hits' " exists, then one might question whether a CLETS printout for a particular person might in fact relate to a different person with the same name. A number of things can occur following a felony conviction that can operate to eliminate the conviction, including deferring entry of judgment pending successful completion of counseling for child abuse or neglect Pen. At no point during this case has defendant offered any relevant evidence regarding the reliability of those computer systems. However, section b " 'is permissive and not mandatory
Our first model assessed children with mild injury, testing the association between ED disposition of discharge home versus hospital admission using a logistic regression model. He explained that for "quit[e] awhile," he had been working with the district attorney in connection with probation violations and had "learned a lot" about the intricacies of the information systems. As our discussion shows, the only question at issue in Guerrero—and in Alfaro, which Guerrero reconsidered—was the permissible scope of proof to establish the substance of a prior conviction, i. Neither case considered matters of proof relating to [22 Cal. Klein A. Although Guerrero contains language arguably suggesting its evidentiary limitations apply to proof of all issues related to "the truth of a prior-conviction allegation" Guerrero, supra, 44 Cal. Finally, other evidence before the trial court also supports its trustworthiness finding. The Dunlap court held in the affirmative: Helbling testified generally as to his familiarity with different record-keeping systems around the state. Also, before , section required sheriffs and police chiefs to submit to the Department daily reports of all felonies committed in their jurisdictions, and since then has required submission of daily reports of specified felonies, including some that appear on the CLETS printout in this case. As Guerrero explains, the rule limiting proof of the substance of a prior conviction "effectively bars the prosecution from relitigating the circumstances of a crime committed years ago and thereby threatening the defendant with harm akin to double jeopardy and denial of speedy trial. These files contained documents relating to both criminal history e. According to Helbling, [22 Cal. We begin by considering the language of section b, which provides in relevant part: Our second model assessed the population of children with moderate and severe injury children at some risk of death , testing the association between ED disposition of discharge home, hospital admission, and ED death. Given Helbling's testimony and these statutes, the trial court did not abuse its discretion in finding that the PHI printout "was made by and within the scope of duty of a public employee. Helbling's testimony and the relevant statutes established that the sources of information in the PHI printout were public employees who had a duty to observe, report, record, and disseminate the information. In light of our conclusion that exhibits 7 and 9 were admissible under the official records exception to the hearsay rule, we need not consider their admissibility under the business records exception Evid. As we explain, we agree with Dunlap, supra, 18 Cal. A reviewing court may overturn the trial court's exercise of discretion " 'only upon a clear showing of abuse. Emergency department disposition was categorized as: Since , section , subdivision b , has required local criminal justice agencies to "furnish local summary criminal history information" to "[t]he subject of" the information and to, among others, state courts, peace officers, prosecuting city attorneys, state district attorneys, and public defenders "when needed in the course of their duties. Alfaro noted that limiting proof of the substance of a prior conviction also "avoid[s] the 'great inconvenience' of relitigating the circumstances of long past convictions. Again, "[i]t is presumed" this duty was "regularly performed" Evid. Next, we consider the extent to which Guerrero limits admission of evidence other than certified prison records under section b to show that a defendant served a prison term for a prior felony conviction. Frederick Cal. California courts have applied this presumption in finding that proffered evidence satisfies the foundational requirements of the official records exception.
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