This section contains the nature of the case and procedural background.

D claimed that he drove within the parking lot of the Eagle River Department of Motor Vehicles. P alleged that D drove from the parking lot onto the Glenn Highway. At the close of the evidence, P requested the court to instruct the jury that a shopping center parking lot is not a vehicular way or area. The judge also took judicial notice of the fact that the Glenn Highway is a highway. D objected. D was convicted. D claims that the trial court's instruction taking the judicial notice resulted in a directed verdict for the state on an essential element of the offense.

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