Polewarzyk v. State

Scott L. Polewarzyk appeals the summary denial of his motion for postconviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. We reverse and remand for further proceedings.

Polewarzyk entered a guilty plea to burglary of a dwelling and grand theft. Under the terms of the written plea agreement, Polewarzyk was sentenced to fifteen years in prison as a prison releasee reof-fender (PRR)1 and a concurrent term of five years in prison for grand theft. Pole-warzyk’s main claim is that the structure he burglarized did not qualify as a dwelling as defined by section 810.011,…