Supreme Court of Florida

Carlos Cromartie, Petitioner v. State of Florida, Respondent — Pariente, J., Concurring

August 25, 201136 Fla. L. Weekly Supp. 473

Summary

Justice Pariente, concurring in the result, would treat the trial judge’s rounding-up policy as a sentencing error preserved by a rule 3.800(b) motion, rather than relying on fundamental-error review. She reasoned that the policy directly affected the sentence and that the trial court had an opportunity to correct it but declined to do so. Chief Justice Canady, dissenting, would have found no fundamental error because the policy’s effect on the sentence was minor and would have affirmed.