Opinion

Cromartie v. State

  • 16 So. 3d 882
  • 2009 Fla. App. LEXIS 9106
  • 2009 WL 1940757
Court
District Court of Appeal of Florida
Filed
Jul 8, 2009
Status
Published
Author
Browning
On the bench
Browning, Hawkes, Van Nortwick
Cited by
3 cases
Authority
More cited than 79.0%

The 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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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