People v. Lewis

Opinion

MORRISON, J.

The People appeal from an order granting defendant Joshua John Lewis’s motion to dismiss count one of the information—being a felon in possession of a firearm (Pen. Code, § 12021, subd. (a)(1); further undesignated references are to this code). We shall affirm the order.

FACTUAL AND PROCEDURAL BACKGROUND

In June 2003, defendant was convicted in Curry County, Oregon of unlawful use of a motor vehicle (Or. Rev. Stat., § 164.135), and fleeing or attempting to elude a police officer (Or. Rev. Stat., § 811.540), both class “C” felonies. He was sentenced to 18 months’ probation on…