Twining v. State
| Decision Date | 22 February 1980 |
| Docket Number | No. 79-795,79-795 |
| Citation | 380 So.2d 496 |
| Parties | Dennis A. TWINING, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Jack O. Johnson, Public Defender, and Charles L. Stutts, Asst. Public Defender, Bartow, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and James S. Purdy, Asst. Atty. Gen., Tampa, for appellee.
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.
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Ogden v. State, 92-19
...maximum of the term of incarceration which could be imposed. See Kolovrat v. State, 574 So.2d 294 (Fla. 5th DCA 1991); Twining v. State, 380 So.2d 496 (Fla. 2d DCA 1980); Swift v. State, 362 So.2d 723 (Fla. 2d DCA 1978). In Crawford v. State, 567 So.2d 428, 429 (Fla.1990) the Florida Suprem......
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Williams v. State, 81-89
...of fifteen year probation for grand theft and remand this case to the trial court for appropriate resentencing. Twining v. State, 380 So.2d 496 (Fla.2d DCA 1980); Peeples v. State, 376 So.2d 287 (Fla.5th DCA 1979). Otherwise, the judgments and sentences are AFFIRMED IN PART, REVERSED IN PAR......