Florida District Courts of Appeal, 1980

Twining v. State

Florida District Courts of Appeal · Decided February 22, 1980 · Grimes, Ryder, Scheb

380 So. 2d 496; 1980 Fla. App. LEXIS 15565 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Ogden v. State (Fla. Dist. Ct. App. 1992)
Williams v. State (Fla. Dist. Ct. App. 1981)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

We affirm appellant’s conviction of possession of a short-barreled shotgun. However, the maximum statutory penalty for that offense is five years. Section 790.-221(2), Fla.Stat. (1977). Thus, the maximum period of probation which may be imposed is five years. See Watts v. State, 328 So.2d 223 (Fla.2d DCA 1976). The six-year term of probation imposed below is excessive.

Accordingly, appellant’s conviction is affirmed, but we remand for the trial court to impose a new term of probation consistent with this opinion.

GRIMES, C. J., and SCHEB and RYDER, JJ., concur.

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