Olusegun Asaju v. State of Florida

• Court: District Court of Appeal of Florida
• Decided: April 10, 2026
• Docket: 6D2025-1711
• Status: Published

Opinion

SIXTH DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

Case No. 6D2025-1711 Lower Tribunal No. 2024-CT-008710 _____________________________

OLUSEGUN ASAJU,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

Appeal from the County Court for Polk County. Stacie Kaylor, Judge.

April 10, 2026

PER CURIAM.

AFFIRMED. See Smith v. State, 365 So. 3d 487, 489 (Fla. 6th DCA 2023)

(“Because this was a negotiated plea, Smith may not seek relief under Florida Rule

of Criminal Procedure 3.800(b)(2). His remedy is to seek to withdraw his plea.”

(citing Tucker v. State, 174 So. 3d 485, 487–88 (Fla. 4th DCA 2015) (“We agree

with the trial court that this issue is not cognizable in a rule 3.800(b) motion, because

the sentence was a result of a negotiated plea. Thus, the real objection is to the plea agreement itself. The remedy for an illegal sentence based upon a negotiated plea is

to seek to withdraw the plea.”))).

WOZNIAK, MIZE and BROWNLEE, JJ., concur.

Ira D. Karmelin, of Ted L. Hollander and Associates, P.A., d/b/a The Ticket Clinic, Kissimmee, for Appellant.

James Uthmeier, Attorney General, Tallahassee, and Marena S. Ramirez, Assistant Attorney General, Tampa, for Appellee.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF TIMELY FILED