People v. Heard

Defendant was convicted, after bench trial, of possessing 0.2 gram of MDMA, known as ecstasy. Trial judge prejudicially misremembered the testimony when he found Defendant confessed that he knew the bag police found held narcotics. Defendant stated that contained in a plastic bag was "just some dust." State offered no evidence to support judge's finding that "dust" is a street term for the drug commonly known as ecstacy. The judge is not at liberty to take judicial notice of the meaning of slang expression. A retrial would violate bar against double jeopardy. Thus, conviction reversed without remand. (PUCINSKI and COGHLAN, concurring.)