Bonckowski v. State, 1D12–0956.

• Decision Date: 14 August 2012
• Docket Number: No. 1D12–0956.,1D12–0956.
• Parties: Matthew Aaron BONCKOWSKI, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

95 So.3d 417

Matthew Aaron BONCKOWSKI, Appellant,

v.STATE of Florida, Appellee.

No. 1D12–0956.

District Court of Appeal of Florida, First District.

Aug. 14, 2012.

An appeal from the Circuit Court for Santa Rosa County. David Rimmer, Judge.

Matthew Aaron Bonckowski, pro se, Appellant.

Pamela Jo Bondi, Attorney General, and Anne C. Conley, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

AFFIRMED.

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