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NIEVES v. STATE

No. 92-1460.

622 So.2d 173 (1993)

Gregorio NIEVES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 13, 1993.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Anne Moorman Reeves, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Rebecca Roark Wall, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

We affirm Nieves' convictions for possession of a short-barreled shotgun,1 and possession of cannabis.2 He was sentenced to two years incarceration, followed by four years probation on both counts. We affirm the sentence for possession of a shotgun, but we reverse the sentence for possession of cannabis because it exceeds the statutory maximum for a first degree misdemeanor.

The state concedes...

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