Berry v. State

Defendant pleaded guilty to B-felony burglary and lesser offenses as part of a combined plea agreement. The agreement conferred discretion to determine the placement of Defendant’s executed sentence but had no provision for further restrictive placement for additional suspended time as a condition of probation. The trial court sentenced Defendant to a total of fifteen years for the burglary with five suspended and two of the suspended years served on probation. The court further ordered that the first year of Defendant’s probationary period be spent through work release. The Supreme Court reversed, holding (1) Defendant’s plea agreement conferred discretion on the court to determine the placement of his executed sentence but did not specifically confer discretion over probation; and (2) therefore, Defendant’s one-year term in work release as a condition of probation following the maximum executed term allowing under the agreement exceeded the court’s authority. View "Berry v. State" on Justia Law