Madrigal v. State
Madrigal v. State
969 So. 2d 1204; 2007 Fla. App. LEXIS 19696; 2007 WL 4322328
(Southern Reporter, Second Series)
Madrigal v. State
Opinion of the Court
Victor Madrigal appeals an order summarily denying his motion to correct or modify sentence. See Fla. R.Crim. P. 3.800(c). We treat the motion as a timely filed petition for writ of certiorari. See Seward v. State, 912 So.2d 389, 390 (Fla. 2d DCA 2005). Based on our precedent, we grant the petition, quash the order, and remand to the postconviction court to consider the merits of Mr. Madrigal’s motion. See McCormick v. State, 961 So.2d 1099, 1102 (Fla. 2d DCA 2007); Cunniff v. State, 950 So.2d 1255, 1256 (Fla. 2d DCA 2007).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.