Florida District Courts of Appeal, 2007

Madrigal v. State

Madrigal v. State
Florida District Courts of Appeal · Decided December 12, 2007 · Larose, Salcines, Wallace
969 So. 2d 1204; 2007 Fla. App. LEXIS 19696; 2007 WL 4322328 (Southern Reporter, Second Series)

Madrigal v. State

Opinion of the Court

PER CURIAM.

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).

SALCINES, WALLACE, and LaROSE, JJ., concur.

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