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PEOPLE v. FLEMING

No. 88SA134.

781 P.2d 1384 (1989)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Dale FLEMING, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

October 30, 1989.

Attorney(s) appearing for the Case

James F. Smith, Dist. Atty., and Michael J. Milne, Deputy Dist. Atty., Brighton, for plaintiff-appellant.

Varallo, Abbott & Dugan, P.C., Michael A. Varallo, Greeley, for defendant-appellee.

Justice ROVIRA delivered the Opinion of the Court.

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...

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