State v. Roybal

OPINION

ORME, Judge:

¶ 1 Defendant Jose Baltarear Roybal appeals the trial court’s denial of his motion to suppress evidence. We conclude that the appeal is well-taken, reverse the denial of the motion to suppress, and remand for a new trial.

BACKGROUND1

¶2 Roybal’s live-in girlfriend called 911 and reported a domestic dispute. She identi*824fied herself and stated that Roybal had “tflust about” assaulted her and that she wanted him out of the house. The dispatch operator asked her if Roybal had been drinking, and she replied that they both had been drinking. She gave no additional information about…