Twining v. State

District Court of Appeal of Florida

Twining v. State

380 So. 2d 496, 1980 Fla. App. LEXIS 15565

CourtDistrict Court of Appeal of Florida

DecidedFebruary 22, 1980

DocketNo. 79-795

StatusPublished

Cited by2 cases

This text of 380 So. 2d 496 (Twining v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Twining v. State, 380 So. 2d 496, 1980 Fla. App. LEXIS 15565 (Fla. Ct. App. 1980).

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Opinion

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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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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380 So. 2d 496, 1980 Fla. App. LEXIS 15565, Counsel Stack Legal Research, https://law.counselstack.com/opinion/twining-v-state-fladistctapp-1980.

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