Olusegun Asaju, Appellant, v. State of Florida, Appellee. (2026)

District Court of Appeal of Florida, Sixth District.

Olusegun Asaju, Appellant, v. State of Florida, Appellee.

Case No. 6D2025-1711

Decided: April 10, 2026

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.

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.”))).

PER CURIAM.

WOZNIAK, MIZE and BROWNLEE, JJ., concur.

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