Jonathan Grossman 154452

Staff Attorney

Sixth District Appellate Program

95 S. Market Street, Suite 570

San Jose CA 95113

(408) 241-6171

fax (408) 241-2877

jonathan@sdap.org

Attorney for David Owen Rodriguez

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

No. H047932

(Santa Clara County Superior Court No. CC809758)

Request for Judicial Notice

Appellant David Owen Rodriguez requests that this court take judicial notice pursuant to Evidence Code section 452, subdivision (d), of the opinion on appeal in the previous appeal of this case, People v. David Owen Rodriguez, No. H038219.

This motion is based on this notice, the accompanying declaration of counsel and the Memorandum of Points and Authorities which follows.

Declaration of Counsel

I, Jonathan Grossman, am a staff attorney with the Sixth District Appellate Program representing the appellant David Owen Rodriguez and request that this court take judicial notice of the opinion on appeal in the previous appeal in this case, H038219

Mr. Rodriguez appeals an order denying his motion for resentencing. The procedural and factual background of the case is not included in the available record on appeal but are included in this Court's opinion from his earlier appeal in case no. H038219. Thus, judicial notice is necessary for a complete and adequate record.

The material of which appellant request this Court to take judicial notice was not attached to this motion because it this Court already possessed the material. Because the Office of the Attorney General litigated the previous appeal, it should already possess the material. It is also available at https://www.courts.ca.gov/opinions/nonpub/H038219.pdf (as of June 14, 2021).

I declare under penalty of perjury under the laws of the state of California that the foregoing is true and correct. Executed at San Francisco, California, on June 14, 2021.

/s/ Jonathan Grossman

Jonathan Grossman

Memorandum of Points and Authorities

Pursuant to Evidence Code section 459, subdivision (a)(2), a reviewing court may take judicial notice of "any matter specified in section 452." Section 452, subdivision (d), provides judicial notice may be taken of the records of "any court of this state." The item requested is part of the records of this Court. Therefore, judicial notice is appropriate.

DATED: June 14, 2021

Respectfully submitted,

By:	/s/ Jonathan Grossman

Jonathan Grossman

Attorney for Appellant

David Owen Rodriguez

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

No. H047932

(Santa Clara County Superior Court No. CC809758)

Order

Appellant's request for judicial notice of the opinion on appeal in case no. H038219 is:

___ Granted ____ Denied.

Dated:_____________	__________________________

Presiding Justice

Of the Court of Appeal

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