Lewis

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 the condition that “[u]pon successful completion of probation, [the] conviction[s] shall be reduced to . . . misdemeanor [s].”

In June 2005, the Curry County Circuit Court found defendant successfully completed probation and reduced his felony convictions to misdemeanors.

On September 16, 2006—the first day of hunting season—defendant was stopped by a game warden while driving near Donomore Meadows in Siskiyou County. He had a Remington Model 700 bolt action seven-millimeter Magnum rifle, with an unexpended cartridge in the firing chamber, next to his leg inside the car. He was charged by…