People v. Lucero

The trial court found that the evidence presented did not prove the existence of a marital relationship between the parties. Looking at the same evidence, the majority concludes that such relationship was demonstrated as a matter of law. In my view, the evidence presents a factual issue, the resolution of which is solely within the province of the trial court. See Linley v. Hanson, 173 Colo. 239, 477 P.2d 453 (1970).

The existence of a common-law marriage in this case is based solely on the testimony of one witness: the putative wife, Rosemary Trujillo. In my view, the majority ignores the…