Both occurred in a house located less than 1000 feet from Cani Head Start School, a building located on the property of St. Peter's Church. The trial judge noted that he and another judge had addressed the same question previously and had determined Cani was a school within the meaning of the statute, and stated his ruling would be the same. Woods waived his right to a jury and was tried before the bench. After finding Woods guilty as charged, the court heard evidence and determined Woods to be an habitual offender. The dealing convictions were enhanced by the habitual offender finding and the terms of imprisonment were ordered to be served concurrently.
Woods now appeals.
Woods raises four issues for review. The court noted the issue had been raised in another case and stated that whether the court adopted the ruling in the previous case or entered a separate ruling on the issue, the result would be that Cani Head Start School was a school within the meaning of the statute. A trial judge may take judicial notice of a fact which is either generally known within the territorial jurisdiction of the trial court, or is capable of accurate and ready determination by resorting to a source whose accuracy cannot reasonably be disputed. Ind. Rule of Evid. However, as a general rule, a trial court may not take judicial notice of its own records in another case previously before the court even on a related subject and related parties.