Alvarado v. State

Judge MANNHEIMER, concurring.

I write separately because my analysis of the "judicial notice" problem is different from the analysis contained in the majority opinion.

Even though the trial judge and the two attorneys used the phrase "judicial notice" to describe what they were doing, the record shows that the attorneys stipulated that Alvarado's date of birth was, in fact, the date recited in the indictment.

Because this fact was stipulated, the trial judge did not commit error when he instructed the jurors to take the stipulated fact as proved. For this reason, I conclude that there is no need…