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TWINING v. STATE

No. 79-795.

380 So.2d 496 (1980)

Dennis A. TWINING, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 22, 1980.

Attorney(s) appearing for the Case

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.

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...

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