State v. Leyva

OPINION

BILLINGS, Judge:

Defendant, Rogelio Limonta Leyva, appeals from a judgment and conviction for Failure to Stop/Respond to Command of Officer, a third degree felony, in violation of Utah Code Ann. § 41-6-13.5 (Supp.1995). Defendant claims the trial court erred when it failed to suppress the defendant’s statements in violation of his Fifth Amendment right against compulsory self-incrimination. We reverse and remand for a new trial.

FACTS

While on patrol duty, a Utah Highway Patrol trooper noticed a yellow car that was “sagging badly to one side.” Surprised that it was able to pass…