Schlumpf v. State

ALTENBERND, Judge.

Barry E. Schlumpf appeals the circuit court’s order denying his motion for jail credit filed pursuant to Florida Rule of Criminal Procedure 3.800(a). The court denied this motion without prejudice because it appeared to repeat a claim that previously had been denied without prejudice to Mr. Schlumpf s right to file a timely and facially sufficient motion under rule 3.850. We affirm.

Despite his two failed attempts to state a claim, we note that Mr. Schlumpf may have a meritorious claim for additional jail credit that he has not alleged with sufficient clarity for the circuit…