State v. Enriquez

Summary

The court reversed the revocation of Enriquez's probation because the record did not establish that the handgun found in his residence was capable of, or readily capable of, expelling a projectile. Although constructive possession could reasonably be inferred from the handgun's presence at Enriquez's residence while he was present, the State failed to prove the separate functionality requirement for a firearm or dangerous weapon. The court also held that revoking probation on that unsupported violation was an abuse of discretion.