Andrew Scott Shinsky, Appellant-Defendant v. State of Indiana, Appellee-Plaintiff (2026)

MEMORANDUM DECISION

[1] On December 8, 2025, Andrew Shinsky and the State entered into a plea agreement in which Shinsky agreed to plead guilty to Class B misdemeanor possession of marijuana and the State agreed to dismiss a different charge. The plea agreement further provided as follows:

if the Court accepts this agreement, the Court shall sentence the [D]efendant as follows:

The Defendant shall pay Court costs, a two hundred dollar ($200.00) D.A.P.I.C. Fee, and shall reimburse the County for Public Defender Services in an amount to be determined by the Court. The Defendant shall be sentenced to the Henry County Jail for a period of six (6) months, suspended, except for time served, with the balance to be placed on formal probation.

Appellant's App. Vol. 2, p. 41.

[2] At an ensuing sentencing hearing, the trial court accepted the parties’ plea agreement. But, after ordering Shinsky to serve the above-quoted sentence, the court then stated that it was “going to add an additional year of formal probation” to Shinsky's sentence “because drugs or alcohol are involved.” Tr. Vol. 2, p. 22. Shinsky objected, but the trial court overruled his objection.

[3] On appeal, Shinsky argues that the additional year of formal probation is outside the terms of his plea agreement, and, thus, the trial court erred when it imposed that component of his sentence. The State agrees, and so do we. As our Supreme Court has long made clear:

A plea agreement is contractual in nature, binding the defendant, the State, and the trial court. It is within the trial court's discretion to accept or reject a plea agreement and the sentencing provisions therein; however, if the court accepts such an agreement, it is strictly bound by its sentencing provision and is precluded from imposing any sentence other than required by the plea agreement.

Bennett v. State, 802 N.E.2d 919, 921-22 (Ind. 2004) (citations omitted).

[4] Accordingly, we reverse Shinsky's sentence and remand with instructions for the trial court to impose a sentence in accordance with the terms of the plea agreement.

[5] Reversed and remanded with instructions.

Mathias, Judge.

Kenworthy, J., and DeBoer, J., concur.