Matthew Aaron BONCKOWSKI, Appellant, v. STATE of Florida, Appellee

Florida District Court of Appeal2012-08-14No. No. 1D12-0956

95 So. 3d 417

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Opinion · public domain

majority opinion

PER CURIAM.

AFFIRMED.

PADOVANO and ROBERTS, JJ., concur; BENTON, C.J, Concurs with Opinion.

concurrence opinion

BENTON, C.J.,

concurring.

Mr. Bonckowski did not allege that any error in jail credit can be ascertained from the face of the record. He did not, therefore, present a facially sufficient jail credit claim pursuant to Florida Rule of Criminal Procedure 3.800(a). See Cabrera v. State, 62 So.3d 1171, 1172 (Fla. 4th DCA 2011). A motion pursuant to Florida Rule of Criminal Procedure 3.850 would, however, presumably still be timely. See Dennis v. State, 9 So.3d 761 (Fla. 1st DCA 2009).