State v. Enriquez, 10 N.W.3d 777

Christapher Enriquez pled guilty to possession of a controlled substance with intent to deliver or manufacture and received a sentence including probation, with a condition barring firearm or dangerous weapon possession.
While on probation, DEA agents executed a federal search warrant at Enriquez’s residence and reportedly found a handgun and narcotics.
The State sought to revoke Enriquez’s probation, alleging, among other things, possession of a firearm.
At the revocation hearing, testimony was limited to Enriquez’s probation officer, who received a photo of the handgun but had no direct knowledge of its location in the home or its functionality.
The State did not introduce the firearm or the photo into evidence and offered no evidence regarding the operability of the handgun.
The district court found Enriquez had constructively possessed the handgun, found this a violation of probation, and revoked probation.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did Enriquez possess a handgun?	Handgun found at Enriquez’s home means constructive possession.	No proof Enriquez actually or constructively possessed the handgun.	Sufficient evidence existed for constructive possession.
Was the handgun a "firearm" or "dangerous weapon" under ND law?	No evidence needed re: functionality; mere presence sufficed.	No evidence handgun was capable of firing a projectile as statute requires.	No evidence handgun was functional as required by statute; court erred.
Did the district court properly apply precedent (Clinkscales)?	Application proper; functionality not required per state precedent.	Clinkscales inapplicable; case law here requires proof of functionality.	District court misapplied Clinkscales; functionality must be shown.
Did the district court abuse its discretion in revoking probation?	Revocation appropriate due to violation of probation terms.	No grounds for revocation without a proven violation.	Abuse of discretion; no violation proven.

State v. Clinkscales, 536 N.W.2d 661 (N.D. 1995) (discussed weapon functionality in context of armed robbery; distinguished here)
State v. Dymowski, 458 N.W.2d 490 (N.D. 1990) (constructive possession can be inferred from the totality of circumstances)
State v. Bergstrom, 710 N.W.2d 407 (N.D. 2006) (standards for adequacy of factual findings in revocation)
State v. Hatzenbuehler, 996 N.W.2d 649 (N.D. 2023) (standard of review for probation revocation)
State v. McAvoy, 757 N.W.2d 394 (N.D. 2008) (inferences in constructive possession in revocation proceedings)