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STATE v. TOMASKIE

No. 04-874.

157 P.3d 691 (2007)

2007 MT 103

STATE of Montana, Plaintiff and Respondent, v. Kevin Gene TOMASKIE, Defendant and Appellant.

Supreme Court of Montana.

Decided April 25, 2007.

Attorney(s) appearing for the Case

For Appellant: William E. Hunt, Jr., Hunt Law Firm, Shelby, Montana.

For Respondent: Mike McGrath, Attorney General; Pamela P. Collins, Assistant Attorney General, Helena, Montana, Merle Raph, County Attorney, Shelby, Montana.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 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...

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