Opinion
No. 79-795.
February 22, 1980.
Appeal from the Circuit Court, Pinellas County, William L. Walker, J.
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.
GRIMES, C.J., and SCHEB and RYDER, JJ., concur.