DENNIS A. TWINING, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DENNIS A. TWINING, APPELLANT,
STATE OF FLORIDA, APPELLEE
380 So. 2d 496
Florida District Court of Appeal, Second District (1980)
Positive Treatment
Cited by 4 cases
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Ogden v. State, 605 So. 2d 155 (Fla. 5th DCA 1992)…orth in section 948.01(4). By way of contrast, the maximum period of probation is limited only by the statutory 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 Supreme Court stated that section 948.01(5) [now 948.01(4)] means that “for any one offense, community control m…
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Williams v. State, 402 So. 2d 537 (Fla. 5th DCA 1981)…term of probation which exceeds the maximum sentence allowed by the criminal statute. Therefore we vacate the sentence of fifteen year probation for grand theft and remand this case to the trial court for appropriate resentenc-ing. 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. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED FOR RESEN-TENCING. DAUKSCH, C. J., and FRANK D. UP-CHURCH, Jr., J., con…
Authorities Cited
- Watts v. State, 328 So. 2d 223 (Fla. 2d DCA 1976)