MATTHEW AARON BONCKOWSKI, v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA MATTHEW AARON BONCKOWSKI, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant, CASE NO. 1D12-0956 v. STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed August 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). 2

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