Dexter Berry v. State of Indiana

On Petition to Transfer from the Indiana Court of Appeals, No. .49A04-1301-CR-34

RUSH, Justice.

In the absence of a plea agreement, trial courts have broad discretion to set conditions of probation, including “substantial punitive obligations” such as restrictive placements in work release. But when a trial court accepts a plea agreement with an executed time cap, its discretion to impose further punitive conditions of probation does not extend beyond what the plea agreement specifies. As we interpret Defendant’s plea agreement, it conferred discretion to determine the placement of his executed…