State v. Tomaskie

¶1 Kevin Gene Tomaskie (Tomaskie) appeals from a judgment entered in the Ninth Judicial District Court, Toole County, convicting him of the offense of criminal possession of dangerous drugs (marijuana), a felony. We reverse and remand.

¶2 On July 10, 2003, the State filed an Information charging Tomaskie with criminal possession of dangerous drugs (marijuana), a felony. Though he was alleged to have been in possession of less than sixty grams of marijuana, the Information charged Tomaskie with a felony alleging that he had previously been convicted of the offense of criminal possession of…