People v. Fleming

An Adams County District Court order dismissed the charge against defendant, Dale Lee Fleming, after trial, on the ground that the prior convictions which formed the bases for the charge were obtained in an unconstitutional manner. The People appeal.1 Because the defendant failed to present a prima facie case that his underlying convictions were unconstitutional, we reverse and remand to the district court for reinstatement of defendant’s conviction.

I

Defendant was charged with a class 5 felony, driving after revocation prohibited, contrary to section 42-2-206, 17 C.R.S. (1984), in Adams…