Cromartie v. State

16 So. 3d 882, 2009 Fla. App. LEXIS 9106, 2009 WL 1940757

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, 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.