State v. Gutierrez

OPINION

GREENWOOD, Judge:

Defendant appeals her conviction for homicide, in violation of Utah Code Ann. § 76-5-203 (Supp.1993), claiming that the trial court erred in admitting her confession into evidence because the interrogating officers elicited the incriminating statements in violation of her federal and state constitutional right to remain silent. Having determined that defendant's incrimina ting statements followed an “arguably equivocal” invocation of this right, we reverse defendant’s conviction and remand for a new trial. We reject the State’s request that we remand for the limited…