People v. Doyle

2013 COA 68, 347 P.3d 1164, 2013 WL 1908989, 2013 Colo. App. LEXIS 692
CourtColorado Court of Appeals
DecidedMay 9, 2013
DocketCourt of Appeals No. 11CA1786
StatusPublished
Cited by1 cases

This text of 2013 COA 68 (People v. Doyle) is published on Counsel Stack Legal Research, covering Colorado Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Doyle, 2013 COA 68, 347 P.3d 1164, 2013 WL 1908989, 2013 Colo. App. LEXIS 692 (Colo. Ct. App. 2013).

Opinion

Opinion by

JUDGE DUNN

T 1 Defendant, Eric Mareus Doyle, appeals the judgment of conviction entered on a jury verdict finding him guilty of violating a condition of his bail bond. We affirm.

I. Background

T2 Doyle was arrested and charged with theft and conspiracy to commit theft stemming from his involvement in an attempt to sell a water pump to a serap metal processor. After Doyle was booked into jail, he posted a $3,000 bond. As a condition of his bond, he was required to appear in court on March 8, 2011. Doyle failed to appear on that date. The prosecution then added a charge against Doyle for violation of a bail bond condition pursuant to section 18-8-212(1), C.R.S.2012.

13 On the morning of trial, Doyle requested that the bond violation charge be considered separately from the theft and conspiracy charges. The trial court granted the request, and ruled that the jury could hear additional evidence after it considered the theft and conspiracy to commit theft charges.

{4 The jury acquitted Doyle on the first two charges. The trial court then told the jury, "[Tlhere is an additional charge [against Doyle] that we will receive evidence on and you will need to reach a verdict on."

15 With respect to the bond violation charge, both parties waived opening statement and the prosecution offered a single exhibit. Included in the exhibit were certified copies of (1) Doyle's appearance bond, which stated that Doyle's personal appearance in court on March 8, 2011 was "the primary condition" of his bond, (2) a waiver of extradition, signed by Doyle and notarized by a deputy sheriff, and (8) a notice of bail forfeiture directed to Doyle's surety company, notifying the surety that "on 03/08/2011 because of [Doyle's] failure to appear in accordance with the primary condition of the bond, the court ordered that the bond :.. in the amount of $3,000.00 be forfeited." -

T6 Defense counsel did not object to any of the certified documents in the prosecution's exhibit, stating that the documents were "self-authenticating." The trial court admitted the exhibit.

7 The prosecution then asked the court to take judicial notice of the court file in Doyle's case, specifically that Doyle "was accused by information of the commission of the offense of theft and conspiracy to commit theft and that [he] failed to appear on March 8th of 2011 when called upon to appear by the Court." Defense counsel objected, arguing that the prosecution was asking the court to "take judicial notice of things that are of reasonable dispute."

{8 The trial court orally instructed the jury as follows:

A judicially noticed fact is one which the Court determines is not subject to reason«able dispute and which the court has accepted as being true. You may or may [not] accept this fact as true. You may weigh it as you would any other evidence, and in this case I do take judicial notice of the following two facts: The defendant, [Doyle] was accused of theft and conspiracy to commit theft in the Information 11CR685; and he was required to appear in court on March 8, 2011, and failed to appear.

19 The prosecution presented no further evidence. After closing arguments, the jury was again instructed that it "may or may not accept [a judicially noticed fact] as true," and could weigh a noticed fact as it would any other evidence.

T 10 The jury found Doyle guilty of violating a condition of his bail bond.

IL Judicial Notice

T11 Doyle contends that the trial court abused its discretion in taking judicial notice of the facts contained in its file. We disagree.

[1166]*1166112 A court may take judicial notice of an adjudicative fact that is not subject to reasonable dispute because it is "capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned." CRE 201(b)(2); see Fed. R.Evid. 201 advisory committee's note ("Adjudicative facts are simply the facts of the particular case."). Court records are recognized as sources whose accuracy cannot reasonably be questioned, and thus, a court may generally take judicial notice of them. People v. Linares-Guzman, 195 P.3d 1130, 1135-36 (Colo.App.2008); see also People v. Sa'ra, 117 P.3d 51, 56 (Colo.App.2004) (a court may take judicial notice of the contents of court records in a related proceeding); Chief Justice Directive 05-01 (providing that a "court record" includes "any document, information, or other item that is collected, received, or maintained by a court or clerk of court in connection with a judicial proceeding," and includes the court's register of actions or minute orders).

113 Although Doyle suggests that the facts noticed by the court are subject to reasonable dispute, Doyle does not argue that the court's file is a source whose accura-ey can reasonably be questioned. See CRE 201(b). Nor does Doyle dispute that a court may take judicial notice of its own records, or that, here, the court record contained doeu-ments supporting each fact that the court judicially noticed. Specifically, the trial court's record contained:

1. The felony information accusing Doyle of the two substantive counts;
2. Doyle's appearance bond, which required him to appear in court on March 8, 2011;
3. The notice of bail forfeiture stating that Doyle did not appear on March 8, 2011; and
4. The court's minute order dated March 8, 2011 which reflects that Doyle failed to appear that day.

1] 14 Although Doyle was free to, and did, dispute the inferences to be drawn from the noticed facts, that does not mean the facts were improperly noticed. Because the noticed facts all came from the trial court's own file, and nothing in the record suggests that the court file was inaccurate or subject to reasonable dispute, the trial court did not abuse its discretion in taking judicial notice of its records and the facts reflected in the records.

15 Doyle also asserts that a court may not take notice of a defendant's mental state and whether he acted knowingly. While that may be true, it does not change our analysis because the trial court did not take judicial notice of Doyle's mental state, Nothing in the noticed facts prohibited Doyle from presenting argument, or introducing evidence, regarding any of the charged elements, including Doyle's mental state. Indeed, the trial court expressly noted that the jury still needed to determine the mens rea issue, namely, whether Doyle had "knowingly" violated a condition of his bail bond. See § 18-8-212(1) (a person commits the crime of violation of bail bond conditions, a class 6 felony, if, after being released on bail bond, he "knowingly violates the conditions of the bail bond").

116 Accordingly, the trial court did not abuse its discretion in judicially noticing the facts contained in its own file.

III. Due Process

117 We do not agree with Doyle's contention that, by taking judicial notice of certain facts, the trial court "effectively directed a verdict" against him, in violation of his constitutional right to due process.

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Related

Doyle v. People
2015 CO 10 (Supreme Court of Colorado, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
2013 COA 68, 347 P.3d 1164, 2013 WL 1908989, 2013 Colo. App. LEXIS 692, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-doyle-coloctapp-2013.