State v. Odom

Chief Justice TOAL:

While I concur in the result reached by the majority, I write separately because I disagree that the trial judge’s decision to take judicial notice of Appellant’s birthdate was an error of law.

At trial, the State provided the judge with certified DMV records indicating Appellant’s date of birth, but did not for*270mally seek to enter the DMV records into evidence. The trial judge then instructed the jury:

[L]adies and gentlemen of the jury, I have taken judicial notice of a fact. That means that you are not allowed to debate whether or not it’s true or accurate. I charge you…