07-0352 CARLOS CROMARTIE, v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 07-0352

Case Date: 07/08/2009

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

CARLOS CROMARTIE, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed July 8, 2009.

CASE NO. 1D07-0352

An appeal from the Circuit Court for Leon County. Kathleen F. Dekker, Judge. Michael Ufferman, of Michael Ufferman Law Firm, P.A., Tallahassee, for Appellant. Bill McCollum, Attorney General, and General, Tallahassee, for Appellee. Natalie D. Kirk, Assistant Attorney

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, from 7.83 years to 8 years originally and from 6.16 years to 7 years on

resentencing) 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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