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People v. Mascarenas

8/31/1981

(1978), where the prosecution wished to use for purposes of impeachment two convictions based on pleas of guilty, and we held a prima facie case of invalidity was created by the defendant's testimony under oath that he had not been represented by counsel and had not waived his right to counsel. Testing the record in the present case against the standard enunciated in People v. Shaver, supra, we conclude that the defendant has not made a prima facie showing that his right to counsel was denied in the proceeding which resulted in the challenged Denver County Court traffic offense conviction. See People v. DeLeon, supra ; see generally People v. Hampton, supra.


The ruling of the district court is reversed and the matter is remanded to that court for further proceedings consistent with the views expressed in this opinion.


Disposition


RULING REVERSED AND CAUSE REMANDED






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