¶1dissenting:
¶2I respectfully dissent. The majority reverses the district court’s determination that the prosecution failed to prove that two of the defendant’s prior convictions were constitutionally obtained. The premise for reinstating the convictions is that the defendant failed to present a prima *1390facie case of unconstitutionality. See People v. Mascarenas, 632 P.2d 1028, 1030 (Colo.1981). Two experienced trial judges concluded to the contrary. The majority does not point to any error of law committed by the court below. Our review here is essentially factual and, in my opinion, foreclosed by section 16-12-102(1), 8A C.R.S. (1986), which permits the prosecution to appeal only a question of law. People v. Ledesma, 171 Colo. 407, 409-10, 468 P.2d 27, 28 (1970).
¶3Even if we could review factual matters on an appeal by the prosecution, such review would be limited to whether the record contained evidence to support the district court’s findings of fact. People v. DeLeon, 625 P.2d 1010, 1012-13 (Colo.1981). In the present case, the district court considered the records of defendant’s prior convictions, and heard testimony by the defendant and Judge Brandenburg. The court below was free to draw reasonable inferences from that evidence, and accord whatever weight to the testimony it found appropriate. We do not, and should not, sit to reweigh evidence or retry criminal cases that have received a full and fair hearing* in the district court. Accordingly, because I perceive no error of law in the proceedings below, I would affirm the district court.
¶4I am authorized to say that Justice KIRSHBAUM joins in this dissent.