¶1 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).
16 So. 3d 882
Cromartie v. State
District Court of Appeal of Florida
Decided July 8, 2009
District Court of Appeal of Florida · decided 2009-07-08
Relies on 983 So. 2d 562 - Jackson v. State · 994 So. 2d 480 - Brown v. State
Decided 2009-07-08