State v. Enriquez

Summary

The court reversed the revocation of Enriquez's probation because the State failed to prove that the handgun he constructively possessed was able or readily capable of expelling a projectile. Although the evidence supported a finding of constructive possession, the district court clearly erred in finding that the handgun qualified as a firearm or dangerous weapon under the governing statutory definitions, and therefore abused its discretion by revoking probation. No separate opinions were filed.