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STATE v. LEYVA

No. 940758-CA.

906 P.2d 894 (1995)

STATE of Utah, Plaintiff and Appellee, v. Rogelio Limonta LEYVA, Defendant and Appellant.

Court of Appeals of Utah.

November 9, 1995.

Attorney(s) appearing for the Case

Elizabeth Hunt and Ronald S. Fujino, Salt Lake City, for Appellant.

Marian Decker and Jan Graham, Salt Lake City, for Appellee.

Before ORME, BENCH and BILLINGS, JJ.

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.

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