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People v. Shaver7/6/1981
vocation was based. The county court records contained no contrary indication and the tapes of the providency hearing had been erased. Under this state of the record we believe the appropriate procedure is to remand the case to the trial court to make those determinations necessary to the admissibility of the order of revocation. See Roybal II, supra ; Roybal I, supra. If the trial court determines that the defendant has made a prima facie showing of the constitutional invalidity of the traffic offense convictions underlying the order of revocation, and the prosecution fails to establish by a preponderance of evidence the constitutional validity of these convictions, then a judgment of acquittal should be entered on the charge of Driving After Judgment Prohibited. On the other hand, if the court determines that the defendant has not made a prima facie showing of the constitutional invalidity of the traffic offense convictions, or the court determines that, in spite of the defendant's prima facie showing, the prosecution has established the constitutional validity of these convictions by a preponderance of the evidence, then the judgment of conviction and the sentence imposed thereon should be reinstated. See @huguley v. People, 195 Colo. 259, 577 P.2d 746 (1978); Compton v. People, 166 Colo. 419, 444 P.2d 263 (1968). As in Roybal I and Roybal II, the trial court on remand of this case should grant the parties the opportunity of presenting additional evidence relative to the validity of the traffic offense convictions underlying the order of revocation.
The judgment is reversed and the cause is remanded to the district court for further proceedings in accordance with the views herein expressed.
Disposition
JUDGMENT REVERSED AND CAUSE REMANDED
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