VAIDIK, Chief Judge
Wayne Hurd was convicted of Class B misdemeanor battery following a nighttime incident at an Indianapolis bus stop. . . . The trial court sentenced Hurd to probation, which included a condition that prohibited him from going between 48th Street to the north, 28th Street to the south, Fall Creek Parkway to the east, and Martin Luther King Jr. Street to the west.
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After listening to complaints about Hurd’s activities near 38th Street, including reports of trespassing, the trial court sentenced Hurd to a suspended sentence of 178 days and non-reporting probation. . . . [T]he court ordered Hurd to stay away from a five-block radius of 38th and College. Id. at 47. The court explained to Hurd that if he went back to that area, he would go to jail. As the trial court was appointing appellate counsel for Hurd, the prosecutor interrupted and explained that Sergeant Forrest would like the stay-away order extended from five blocks of 38th and College to two miles of 38th and College. Id. at 50. Sergeant Forrest suggested 48th Street to the north, 28th Street to the south, Fall Creek Parkway to the east, and Martin Luther King Jr. Street to the west. Id. Defense counsel objected because “[t]he majority of that would be a public area. You know, we’re fine with the Court saying that he can’t go to you know, maybe private areas in that vicinity but a two mile[] radius; there’s sidewalks you know, it’s a largely public area.” Id. The trial court, almost predicting what was to come, said to Hurd, “I understand what your mom is saying that you’re not going to get this.” Id. Nevertheless, the trial court extended the stay-away order and cautioned Hurd from “get[ting] on the bus[] and head[ing] over . . . to the middle part of the city.” Id. at 51.
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We agree with Hurd that the probation condition was not reasonably related to his treatment and the protection of the public safety. . . .[P]rohibiting Hurd from entering a significant area of the central part of Indianapolis is not tailored to his rehabilitation or public safety. Accordingly, we find that the trial court abused its discretion in originally imposing the probation condition that prohibited Hurd from going between 48th Street to the north, 28th Street to the south, Fall Creek Parkway to the east, and Martin Luther King Jr. Street to the west. We therefore remand this case to the trial court with instructions to vacate any pending probation violations based upon this original condition.
NAJAM, J., and BROWN, J., concur.