State v. Gutierrez-Perez

Chief Justice DURRANT,

opinion of the Court:

INTRODUCTION

T1 Gabriel Gutierrez-Perez (Defendant) pled guilty to criminally negligent automobile homicide and driving under the influence of alcohol. Before making this plea, he reserved his right to appeal the district court's denial of his motion to suppress evidence obtained through a blood draw. Defendant contends that the affidavit submitted by law enforcement in order to obtain the warrant to draw his blood was not supported by an oath or affirmation, as required by both the United States and Utah constitutions. Accordingly, he argues in this…