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1 STATE V. SUNDEEN, 2001-NMSC-006, 130 N.M. 83, 17 P.3d 1019 STATE OF NEW MEXICO, Plaintiff-Petitioner, vs. JAMES SUNDEEN, Defendant-Respondent.
Docket No. 26,034 SUPREME COURT OF NEW MEXICO 2001-NMSC-006, 130 N.M. 83, 17 P.3d 1019 January 30, 2001, Filed ORIGINAL PROCEEDING ON CERTIORARI. T. Glenn Ellington, District Judge. Released for Publication February 15, 2001. COUNSEL Patricia Madrid, Attorney General, James O. Bell, Assistant Attorney General, Santa Fe, NM for Petitioner. Phyllis H. Subin, Chief Public Defende,r Nancy M. Hewitt, Assistant Appellate Defender, Santa Fe, NM for Respondent. JUDGES PATRICIO M. SERNA, Chief Justice, JOSEPH F. BACA, Justice, GENE E. FRANCHINI, Justice, PAMELA B. MINZNER, Justice, PETRA JIMENEZ MAES, Justice. OPINION

{*83} {*1019} PER CURIAM {1} The State appeals from a decision of the Court of Appeals reversing the trial court's denial of Defendant's motion to dismiss an indictment. State v. Sundeen, No. 20,245, slip. op. (NMCA Oct. 20, 1999). We affirm the decision of the Court of Appeals and adopt the text of that decision, which reads as follows: Defendant was charged with violating NMSA 1978, Section 30-7-16 (1987), which makes it unlawful for a felon to possess a firearm. Defendant filed a motion to dismiss the indictment arguing that he was not a felon in any sense of the word or for any purpose. The trial court denied Defendant's motion, but granted his application for interlocutory appeal to resolve the question whether Defendant could be considered a felon for purposes of Section 30-7-16 when he was previously convicted in Colorado of two crimes classified by Colorado as misdemeanors, when the punishment for one of these misdemeanors may include imprisonment for one year, and when Defendant was sentenced to eighteen months of probation and a sixty-day suspended jail sentence. We conclude that Defendant should not be considered a felon under Section 30-7-16, and that

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