¶1concurring in part and dissenting in part.
¶2The plea agreement clearly contemplates that defendant might, after the first 365 days of probation, seek and obtain removal of his home to another county and to transfer supervision of the second year of probation to the new county. Unlike the disputed plea agreement in Antcliff v. State (1997) Ind.App., 688 N.E.2d 166, the agreement here did not leave the matter of the terms of probation to the complete discretion of the sentencing court. To the contrary, the agreement would appear to be incompatible with two years of home detention as a condition of probation.
¶3At best, I believe the agreement, by its requirement of monitoring the first 365 days of probation by the Hendricks County authorities, left open the question of home de*723tention as a condition of probation for that period. I agree that, as to that period, the sentencing court did not abuse its discretion in ordering home detention as a condition of probation. I further believe that the agreement, in contemplating a residential move from Hendricks County to another county, is inconsistent with an order for home detention for the full period of probation.
¶4To be sure, the agreement was perhaps inartfully drawn. It could have clearly left the matter of the terms of probation to the sentencing court’s discretion. It could have stated that such terms as may be imposed by the sentencing court would be of full force and effect for the entire period of probation and without regard to the county in which the defendant might legally reside during the period. It did not do so.
¶5Furthermore, I note that the court ordered Freije to pay $1,150 in probation user fees for the home monitoring device. Presumably this payment was earmarked for Hendricks County alone and was either for a period of one year, in light of a contemplated change of county for the second year, or if for the full two years would not compensate the new county for its home detention supervision.
¶6I would affirm the conviction but would remand with instructions to modify the home detention provision in order to limit it to the first 365 days of probation.