# Cromartie v. State

> District Court of Appeal of Florida · July 8, 2009 · 16 So. 3d 882

URL: https://www.frixlaw.com/law-library/cases/1563144

## Case

- **Full name:** Carlos CROMARTIE, Appellant, v. STATE of Florida, Appellee
- **Court:** District Court of Appeal of Florida
- **Decided:** July 8, 2009
- **Citations:** 16 So. 3d 882; 2009 Fla. App. LEXIS 9106; 2009 WL 1940757
- **Precedential status:** Published
- **Opinion:** Opinion by Browning
- **Judges:** Browning, Hawkes, Van Nortwick
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/1563144

## Opinion text

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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/1563144. Public record. Not legal advice.