Cimaglia v. State

Joseph Cimaglia appeals the trial court’s final order summarily denying his motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. Pursuant to Walker v. State, 955 So.2d 1199 (Fla. 5th DCA 2007), we reverse Cim-aglia’s ten-year prison sentence as a prison releasee reoffender (“PRR”) on Count I, burglary while armed with a firearm, and remand to the trial court to allow the State to either strike the designation or withdraw from the plea agreement with Cim-aglia. We affirm the final order in all other respects.

Cimaglia was charged with burglary while armed with…