Florida District Courts of Appeal, 2012

Bonckowski v. State

Bonckowski v. State
Florida District Courts of Appeal · Decided August 14, 2012 · Benton, Padovano, Roberts
95 So. 3d 417; 2012 WL 3289210; 2012 Fla. App. LEXIS 13402 (Southern Reporter, Third Series)

Bonckowski v. State

Opinion of the Court

PER CURIAM.

AFFIRMED.

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

Concurring 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).

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