Randy Shawn Hobbs v. State ( 2020 )

Order filed April 2, 2020
In The
Eleventh Court of Appeals
__________
No. 11-19-00258-CR
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RANDY SHAWN HOBBS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 91st District Court
Eastland County, Texas
Trial Court Cause No. 25287
ORDER
Appearing pro se, Randy Shawn Hobbs appeals his conviction for bail
jumping and failure to appear. Appellant has filed numerous motions seeking to
have this court take judicial notice of various facts, the most recent of which was
Appellant’s fourth motion filed on March 30, 2020, wherein he asks the court to take
judicial notice that the prosecutor has committed aggravated perjury.1
1
The court expresses no opinion concerning the veracity of Appellant’s accusations against the
prosecutor.
While an appellate court is entitled to take judicial notice in certain situations,
the decision of an appellate court to take judicial notice is discretionary. Watkins v.
State, 245 S.W.3d 444, 456 (Tex. Crim. App. 2008). Rule 201 of the Texas Rules
of Evidence governs a court taking judicial notice of adjudicative facts. See TEX. R.
EVID. 201. Rule 201(b) provides that a court may take judicial notice of “a fact that
is not subject to reasonable dispute.” The facts that Appellant seeks for this court to
take judicial notice of do not fall into this category because they are obviously
disputed by the State. Additionally, this court declines to exercise its discretionary
authority to take judicial notice as requested by Appellant.
Appellant’s fourth motion to take judicial notice is denied.
PER CURIAM
April 2, 2020
Do not publish. See TEX. R. APP. P. 47.2(b).
Panel consists of: Bailey, C.J.,
Stretcher, J., and Wright, S.C.J.2
Willson, J., not participating.
2
Jim R. Wright, Senior Chief Justice (Retired), Court of Appeals, 11th District of Texas at Eastland,
sitting by assignment.
2