CARLOS CROMARTIE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CARLOS CROMARTIE, APPELLANT,
STATE OF FLORIDA, APPELLEE
16 So. 3d 882
Florida District Court of Appeal, First District (2009)
Positive Treatment
Cited by 6 cases
Opinion of the Court
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, *883from 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Cromartie v. State, 70 So. 3d 559 (Fla. 2011)…d here is not of this magnitude. Athough I do not agree with the First District’s characterization of the asserted error here as “a [*566] denial of due process,” I agree with the First District’s decision to affirm the sentence. Cromartie v. State, 16 So. 3d 882, 883 (Fla. 1st DCA 2009). POLSTON, J., concurs.…1 / 2
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Levar Jermaine Taborn Tyson v. State, 228 So. 3d 652 (Fla. 1st DCA 2017)…ourt, too, found merit in the argument that the "policy of mechanically rounding up a prison sentence to the nearest whole number .,. without any reflection on the individual merits of a particular defendant's case is arbitrary.” Cromartie v. State, 16 So. 3d 882, 883 (Fla. 1st DCA 2009), quashed by 70 So. 3d 559 (Fla. 2011), We held, though, that the issue was unpreserved. Id. . Notably, the supreme court did not remand for consideration of a- new sentence;, it remanded with directions, that Cromartie be s…
Authorities Cited
- Jackson v. State, 983 So. 2d 562 (Fla. 2008)
- Brown v. State, 994 So. 2d 480 (Fla. 1st DCA 2008)