State of Tennessee v. Anthony R. Smith, Jr.

Defendant, Anthony R. Smith, Jr., filed a motion to dismiss his indictment for possession of a firearm after having been convicted of a felony drug offense, which was granted by the trial court.  The State appealed the dismissal.  Upon our review of this matter of first impression, we determine that the definition of “felony” provided in Tennessee Code Annotated section 39-11-110 controls the determination of whether an out-of-state conviction constitutes a “felony drug offense.”  We reverse the decision of the trial court, reinstate the indictment, and remand for further proceedings.