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

D was charged with several crimes related to an armed robbery of a Pharmacy. D presented an alibi defense: he was buying tires at Tire Market, on 16717 MacArthur Drive, in North Little Rock when the robbery occurred. Tire Market owner Jerry Ford testified that he sold Reed $376.90 in new tires on 6 July 2016 (the day of the robbery). Ford stayed open late, and D 'was in the process of leaving' the tire store around 6:40 p.m. As evidence, D presented Ford's handwritten receipt containing D's name, and address, dated '7-6-16,' and time-stamped '6:40.' On redirect and recross-examination, Ford said that it may have been 'a little after' 6:40 p.m. when D left the tire shop. D also made a second proffer under Rule 201: You must accept as conclusive the following facts: The typical route by car from 16717 MacArthur Drive in North Little Rock to 7612 Cantrell Road in Little Rock is 121/2 miles long and takes 14-18 minutes. The circuit court instructed the jury except it omitted the italicized words 'and takes 14-18 minutes.' In other words, the court told the jury to accept the distance in miles between the two points at issue (12.5 miles) but not how long it 'usually' takes to drive between them (14-18 minutes). D was convicted and appealed. D contends that the circuit court should have taken judicial notice of the estimated driving time.

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