Dexter Berry v. State of Indiana

Summary

The Indiana Supreme Court held that when a plea agreement specifies a fixed or capped executed sentence, a trial court may impose punitive conditions of probation only when the agreement specifically grants that authority. Because the agreement authorized discretion over placement of the executed sentence but did not specifically authorize restrictive placement during probation, the court's order requiring one year of work release as a probation condition exceeded its authority. The court granted transfer, reversed and remanded with instructions to accept or reject the plea agreement as written and, if accepted, resentence Berry consistently with its terms.

Holdings

1. When a plea agreement fixes or caps an executed sentence, the trial court may impose punitive conditions of probation only to the extent the agreement specifically grants that authority. Berry's agreement specifically addressed discretion over placement of the executed sentence but did not specifically authorize restrictive placement during probation; therefore, the trial court lacked authority to impose one year of work release as a probation condition.
2. The proper remedy is to remand with instructions for the trial court to accept or reject the plea agreement as written and, if it accepts the agreement, impose a sentence consistent with its terms.

Questions Presented

1. Whether the plea agreement specifically authorized the trial court to impose work release as a punitive or restrictive condition of probation beyond the agreement's ten-year executed-sentence cap.
2. What remedy was appropriate after the trial court imposed a probation condition not authorized by the plea agreement.

Disposition

reversed_and_remanded