PEOPLE v. LUCERO

No. 83CA0397.

707 P.2d 1040 (1985)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Emilio J. LUCERO, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied July 18, 1985.

Certiorari Granted October 21, 1985.


Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Virginia Byrnes Horton, Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, Colorado State Public Defender, Seth J. Benezra, Deputy State Public Defender, Denver, for defendant-appellant.


METZGER, Judge.

The defendant, Emilio Lucero, appeals his conviction of attempted robbery of the elderly, and conspiracy to commit robbery of the elderly. His primary contention is that the trial court erred by admitting testimony which should have been excluded on the basis of the defendant's assertion of marital privilege. We reverse and remand for a new trial.

The defendant asserts that the trial court erred by admitting into evidence the testimony of his...

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