Cromartie v. State
Florida District Courts of Appeal
Cromartie v. State, 16 So. 3d 882 (2009)
2009 Fla. App. LEXIS 9106; 2009 WL 1940757
Browning, Hawkes, Van Nortwick
Cromartie v. State
Opinion
We find merit in Appellant’s argument that the trial judge’s stated policy of mechanically rounding up a prison sentence to the nearest whole number (in this case, *883 from 7.83 years to 8 years originally and from 6.16 years to 7 years on resentenc-ing) without any reflection on the individual merits of a particular defendant’s case is arbitrary and consequently a denial of due process. Yet we are constrained to AFFIRM as the argument was not raised contemporaneously. See Jackson v. State, 983 So.2d 562 (Fla. 2008); Brown v. State, 994 So.2d 480 (Fla. 1st DCA 2008).
Reference
- Full Case Name
- Carlos CROMARTIE, Appellant, v. STATE of Florida, Appellee
- Cited By
- 6 cases
- Status
- Published