People v. Lucero

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 common-law wife, despite his assertion of marital privilege pursuant to § 13 — 90—107(l)(a), C.R.S. (1984 Cum.Supp.). We agree.

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