MATTHEW AARON BONCKOWSKI, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AFFIRMED.
PADOVANO and ROBERTS, JJ., concur; BENTON, C.J, Concurs with Opinion.
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).
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).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Cabrera v. State, 62 So. 3d 1171 (Fla. 4th DCA 2011)
- Dennis v. State, 9 So. 3d 761 (Fla. 1st DCA 2009)