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380 So. 2d 496

Twining v. State

District Court of Appeal of Florida

Decided February 22, 1980

District Court of Appeal of Florida · decided 1980-02-22

Cited by 2 later decisions — most recently September 1992

2 state decisions

Relies on 328 So. 2d 223 - Watts v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1980-02-22

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PER CURIAM.

¶1We 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.

¶2Accordingly, 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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