Florida District Courts of Appeal, 2009

Cromartie v. State

Cromartie v. State
Florida District Courts of Appeal · Decided July 8, 2009 · Browning, Hawkes, Van Nortwick
16 So. 3d 882; 2009 Fla. App. LEXIS 9106; 2009 WL 1940757 (Southern Reporter, Third Series)

Cromartie v. State

Opinion

BROWNING, J.

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).

VAN NORTWICK, J., concurs; HAWKES, C.J., concurs in result only.

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