OLUSEGUN ASAJU
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
When a sentence results from a negotiated plea, a defendant cannot challenge the sentence under Florida Rule of Criminal Procedure 3.800(b)(2) but must instead seek to withdraw the plea.
[1] A defendant sentenced pursuant to a negotiated plea agreement may not challenge the sentence through a Rule 3.800(b)(2) motion; the appropriate remedy is an application t…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“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.”
Court's statement of law regarding the exclusive remedy for challenging sentences imposed pursuant to negotiated pleas
Asaju challenged his sentence, which was imposed pursuant to a negotiated plea agreement.…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
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
2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Olusegun Asaju v. State (Fla. 6th DCA 2026)…IDA 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…
Authorities Cited
- Shawntavian Tucker v. State, 174 So. 3d 485 (Fla. 4th DCA 2015)
- Olusegun Asaju v. State (Fla. 6th DCA 2026)