PEOPLE v. LUCERO

No. 85SC318.

747 P.2d 660 (1987)

The PEOPLE of the State of Colorado, Petitioner, v. Emilio J. LUCERO, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied January 11, 1988.


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 petitioner.

David F. Vela, State Public Defender, Janet Y. Fullmer, Linda Perkins, Deputy State Public Defenders, Denver, for respondent.


LOHR, Justice.

The defendant, Emilio J. Lucero, was convicted of attempted robbery of the elderly and conspiracy to commit robbery of the elderly. He appealed, contending that the trial court had erred in receiving the testimony of Rosemary Trujillo, who claimed to be the defendant's common law wife. The defendant based his objection to the admission of such evidence upon section 13-90-107(1)(a), 6 C.R.S. (1973), which creates a privilege with respect to testimony...

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