Twining v. State

Florida District Courts of Appeal
Twining v. State, 380 So. 2d 496 (1980)
1980 Fla. App. LEXIS 15565
Grimes, Ryder, Scheb

Twining v. State

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.

Reference

Full Case Name
Dennis A. TWINING v. STATE of Florida
Cited By
2 cases
Status
Published