State v. Morrison

OPINION

WEISBERG, Judge.

Leroy Floyd Morrison (“defendant”) appeals his sentence upon conviction for possession of narcotic drugs and possession of drug paraphernalia. Because we find that the trial court erred in denying defendant’s motion to strike the state’s allegation of a prior federal conviction, we reverse and remand for resentencing.

FACTUAL AND PROCEDURAL HISTORY

Defendant was charged with one count of possession of narcotic drugs (“Count I”) and one count of possession of drug paraphernalia (“Count II”). A jury convicted defendant of both charges. The state alleged two prior felony…