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Plea agreement did not give court ability to impose restrictive probation

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A trial court went too far when it accepted a plea agreement then imposed a one-year term in work release as a condition of probation, the Indiana Supreme Court ruled.

Dexter Berry entered into a plea agreement, pleading guilty to a Class B felony burglary and several lesser offenses. Under the terms of the agreement, the court would impose a 10-year executed sentence and could require probation beyond the 10 years.

The court sentence Berry to a total of 15 years. Ten years were to be executed in prison and five years suspended with two of those years served on probation. Further, the court ordered Berry to spend the first year of his probation on work release.

After the Indiana Court of Appeals affirmed by memorandum the decision, Berry sought transfer. The issue was whether the terms of his plea agreement gave the court the discretion to impose a restrictive placement as a condition of his probation.

The Indiana Supreme Court found Berry’s plea agreement leaves all aspects of the sentence to the discretion of the court. However, while Berry’s agreement grants the court the ability to determine where the defendant will serve his executed sentence, it is silent as to the court’s ability to impose any restrictive placement for probation.   

“With no clear grant of such authority in the agreement itself, no indication that any of the parties understood the plea agreement to confer such discretion, and a specific provision that implies the absence of discretion over the placement of Defendant’s probation, we must conclude that the trial court lacked authority to impose a punitive placement for Defendant’s probation,” Justice Loretta Rush wrote in Dexter Berry v. State of Indiana, 49S04-1406-CR-416.

Chief Justice Brent Dickson along with Justices Steven David and Mark Massa concurred. Justice Robert Rucker concurred in result.

 
 

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  1. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

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  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  5. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

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