Indiana Code

Ind. Code § 35-35-3-3 (2026)

Conditions; presentence report; acceptance or rejection

✓ current as of May 2026

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Sec. 3. (a) No plea agreement may be made by the prosecuting attorney to a court on a felony charge except:

(1) in writing; and

(2) before the defendant enters a plea of guilty.

The plea agreement shall be shown as filed, and if its contents indicate that the prosecuting attorney anticipates that the defendant intends to enter a plea of guilty to a felony charge, the court shall order the presentence report required by IC 35-38-1-8 and may hear evidence on the plea agreement.

(b) If the plea agreement is not accepted, the court shall reject it before the case may be disposed of by trial or by guilty plea. If the court rejects the plea agreement, subsequent plea agreements may be filed with the court, subject to the same requirements that this chapter imposes upon the initial plea agreement.

(d) In a misdemeanor case, if:

(1) the court rejects a plea agreement; and

(2) the prosecuting attorney or the defendant files a written motion for change of judge within ten (10) days after the plea agreement is rejected;

the court shall grant the motion for change of judge and transfer the proceeding to a special judge under the Indiana Rules of Criminal Procedure. However, there may not be more than one (1) transfer of the proceeding to a special judge under this subsection.

(e) If the court accepts a plea agreement, it shall be bound by its terms.

As added by Acts 1981, P.L.298, SEC.4. Amended by P.L.320-1983, SEC.19; P.L.136-1987, SEC.4; P.L.50-2017, SEC.1.

Notes of Decisions

Cited in 112 cases (4 in the last 5 years), 1982–2026 · leading case: Alberto Baiza Rodriguez v. State of Indiana, 91 N.E.3d 1033 (Ind. Ct. App. 2018).

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Alberto Baiza Rodriguez v. State of Indiana, 91 N.E.3d 1033 (Ind. Ct. App. 2018). · cites it 38× “[16] I agree with the majority that “Sections 35-35-3-3 (e) . . . and 35-38-1-17 (l) may be harmonized.”

Alberto Baiza Rodriguez v. State of Indiana, 129 N.E.3d 789 (Ind. 2019). · cites it 14× “Ind. Code § 35-35-3-3 (a). Trial courts enjoy considerable discretion in deciding whether to accept or reject a proposed plea agreement.”

Badger v. State, 637 N.E.2d 800 (Ind. 1994). · cites it 20× “Ind. Code § 35-35-3-3 (a) (1993). If the plea agreement is on a felony charge, the agreement must be in writing, [6] and the prosecuting attorney must submit the agreement before the defendant has entered a guilty plea.”

Anthony Scott Bratcher v. State of Indiana, 999 N.E.2d 864 (Ind. Ct. App. 2013). · cites it 8× “Bratcher kissed the five-year-old girl on the lips, pulled down her pants, and kissed and 2 We note that Indiana Code § 35-35-3-3(a) requires that a plea agreement on a felony charge be made “in writing” and “before the defendant enters a plea of guilty.”

Cox v. State, 850 N.E.2d 485 (Ind. Ct. App. 2006). · cites it 6× “at 921-922 ; see also Ind.Code § 35-35-3-3(e) ("If the court accepts a plea agreement, it shall be bound by its terms.”

Alberto Baiza Rodriguez v. State of Indiana, 116 N.E.3d 515 (Ind. Ct. App. 2018). · cites it 14× “Ind. Code § 35-35-3-3 (e). In years past, the legislature placed significant limitations on a trial court’s authority to modify a sentence imposed after a trial.”

Beech v. State, 702 N.E.2d 1132 (Ind. Ct. App. 1998). · cites it 9× “Beech makes much of the fact that the trial court accepted his guilty plea and entered judgment of conviction before reviewing the presen- *1137 tence report, allegedly in contravention of Indiana Code §§ 35-35-3-3 and 35-38-l-8(a).”

Smith v. State, 686 N.E.2d 1264 (Ind. 1997). · cites it 8× “Subsection (d) of the death penalty statute states, "If the trial was to the court, or the judgment was entered on a guilty plea, the court alone shall conduct the sentencing hearing.” Ind.Code Ann.”

Keith D. Jackson v. State of Indiana, 968 N.E.2d 328 (Ind. Ct. App. 2012). · cites it 4× “” I.C. § 35-35-3-3(e). Thus, when the trial court establishes terms of probation following its acceptance of a plea agreement, its discretion is limited.”

Nathan K. Barker v. State of Indiana, 994 N.E.2d 306 (Ind. Ct. App. 2013). · cites it 2× “” Ind.Code § 35-35-3-3(e). Barker con *313 tends that the trial court violated the plea agreement’s forty-year cap on his executed sentence by ordering 120 days of home detention in addition to his forty-year executed sentence.”

Dexter Berry v. State of Indiana, 10 N.E.3d 1243 (Ind. 2014). · cites it 4× “(quoting Ind.Code § 35-35-3-3(e) (1998)) (substitution original to Frei-je ).”

Jesus S. Gil v. State of Indiana, 988 N.E.2d 1231 (Ind. Ct. App. 2013). · cites it 2× “Indiana Code section 35-35-3-3 requires that a plea agreement for a felony charge must be reduced to writing.”

Show all 112 citing cases →

— Ind. Code § 35-35-3-3(a) — 14 cases

Anthony Scott Bratcher v. State of Indiana, 999 N.E.2d 864 (Ind. Ct. App. 2013). “Bratcher kissed the five-year-old girl on the lips, pulled down her pants, and kissed and 2 We note that Indiana Code § 35-35-3-3(a) requires that a plea agreement on a felony charge be made “in writing” and “before the defendant enters a plea of guilty.”

Badger v. State, 637 N.E.2d 800 (Ind. 1994). “Ind. Code § 35-35-3-3 (a) (1993). If the plea agreement is on a felony charge, the agreement must be in writing, [6] and the prosecuting attorney must submit the agreement before the defendant has entered a guilty plea.”

Smith v. State, 686 N.E.2d 1264 (Ind. 1997). “Subsection (d) of the death penalty statute states, "If the trial was to the court, or the judgment was entered on a guilty plea, the court alone shall conduct the sentencing hearing.” Ind.Code Ann.”

Gonzalez v. State, 929 N.E.2d 699 (Ind. 2010).

Jackson v. State, 676 N.E.2d 745 (Ind. Ct. App. 1997).

— Ind. Code § 35-35-3-3(a)(1) — 1 case

Decarlos J. Freeman v. State of Indiana (Ind. Ct. App. 2012).

— Ind. Code § 35-35-3-3(b) — 3 cases

William Hunter v. State of Indiana, 60 N.E.3d 284 (Ind. Ct. App. 2016).

Spencer v. State, 653 N.E.2d 476 (Ind. 1995).

— Ind. Code § 35-35-3-3(c) — 1 case

— Ind. Code § 35-35-3-3(d) — 6 cases

Beech v. State, 702 N.E.2d 1132 (Ind. Ct. App. 1998). “Beech makes much of the fact that the trial court accepted his guilty plea and entered judgment of conviction before reviewing the presen- *1137 tence report, allegedly in contravention of Indiana Code §§ 35-35-3-3 and 35-38-l-8(a).”

Bartzis v. State, 502 N.E.2d 1347 (Ind. Ct. App. 1987).

Boykin v. State, 702 N.E.2d 1105 (Ind. Ct. App. 1998).

Spencer v. State, 634 N.E.2d 72 (Ind. Ct. App. 1994).

In re J.A.W., 504 N.E.2d 334 (Ind. Ct. App. 1987).

— Ind. Code § 35-35-3-3(e) — 43 cases

Alberto Baiza Rodriguez v. State of Indiana, 91 N.E.3d 1033 (Ind. Ct. App. 2018). “[16] I agree with the majority that “Sections 35-35-3-3 (e) . . . and 35-38-1-17 (l) may be harmonized.”

Alberto Baiza Rodriguez v. State of Indiana, 129 N.E.3d 789 (Ind. 2019). “Ind. Code § 35-35-3-3 (a). Trial courts enjoy considerable discretion in deciding whether to accept or reject a proposed plea agreement.”

Cox v. State, 850 N.E.2d 485 (Ind. Ct. App. 2006). “at 921-922 ; see also Ind.Code § 35-35-3-3(e) ("If the court accepts a plea agreement, it shall be bound by its terms.”

Alberto Baiza Rodriguez v. State of Indiana, 116 N.E.3d 515 (Ind. Ct. App. 2018). “Ind. Code § 35-35-3-3 (e). In years past, the legislature placed significant limitations on a trial court’s authority to modify a sentence imposed after a trial.”

Keith D. Jackson v. State of Indiana, 968 N.E.2d 328 (Ind. Ct. App. 2012). “” I.C. § 35-35-3-3(e). Thus, when the trial court establishes terms of probation following its acceptance of a plea agreement, its discretion is limited.”

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