State v. Lopez

Summary

The court held that the evidence was insufficient to establish that the airsoft pellet gun found in the defendant’s residence was a firearm under the governing statutory definition. The state had to show both that the item was designed for violence and that it was capable of inflicting death or serious bodily harm, but presented no evidence establishing either requirement. The judgment revoking probation was therefore reversed, with directions to find no probation violation and render judgment accordingly.