Jack D. Gutierres v. State Alaska

Jack D. Gutierres pled nolo contendere and was convicted of one count of burglary in the first degree, a class B felony, in violation of AS 11.46.300(a)(1) and one count of theft in the second degree, a class C felony, in violation of AS 11.46.130(a)(2). Kerry D. Taylor, pled nolo contendere and was convicted of one count of theft in the second degree, a class C felony, in violation of AS 11.46.130(a)(2). With the consent of the trial court and the prosecution, Gutierres and Taylor conditioned their plea on the right to appeal the denial of their motions to suppress evidence based on their contention that they were the victims of an improper investigatory stop. We therefore have jurisdiction over this appeal. See Oveson v. Anchorage, 574 P.2d 801, 803 n.4 (Alaska 1978); Cooksey v. State, 524 P.2d 1251 (Alaska 1974).