State v. Schweitzer

VANDE WALLE, Chief Justice.

Kenneth Adam Schweitzer, Jr., appealed from a criminal judgment and commitment entered pursuant to his plea of guilty to robbery. We reverse and remand to allow Schweitzer to withdraw his guilty plea.

On March 9,1993, Schweitzer was charged with the January 1993 robbery of a Fargo Subway restaurant. The criminal information alleged that, during the commission of the crime, Schweitzer “threatened” an employee “by his use and possession of a silver in color metal .22 caliber tear gas pistol.” The penalty section of the information listed the crime as a class B felony…