Ogonowski v. State

ROSALYN B. BELL, Judge.

We decide two questions in this case. The first question involves an agreement to cap a sentence in exchange for a jury waiver — specifically, whether being accused of another crime while on bail in the time between the trial and sentencing renders the cap unenforceable. We hold that under the terms of the agreement in this case the cap is enforceable and remand for resentencing. The second question is whether the court erred in denying severance of the case from that of a co-defendant. We hold the court did not err in denying the severance.

John Ogonowski and Stephen…