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Cox v. State

Court of Appeals of Indiana

March 11, 2014

GREGORY K. COX, Appellant-Petitioner,
v.
STATE OF INDIANA, Appellee-Respondent

Editorial Note:

These opinions are not precedents and cannot be cited or relied upon unless used when establishing res judicata or collateral estoppel or in actions between the same party. Indiana Rules of Appellate Procedure 65(D).

APPEAL FROM THE MONROE CIRCUIT COURT. The Honorable Teresa D. Harper, Judge. Cause No. 53C09-1103-PC-443.

ATTORNEYS FOR APPELLANT: STEPHEN T. OWENS, Public Defender of Indiana, JOHN PINNOW, Deputy Public Defender, Indianapolis, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana, RYAN D. JOHANNINGSMEIER, Deputy Attorney General, Indianapolis, Indiana.

KIRSCH, Judge. FRIEDLANDER, J., and BAILEY, J., concur.

OPINION

MEMORANDUM DECISION - NOT FOR PUBLICATION

KIRSCH, Judge

Gregory K. Cox appeals the denial of his petition for post-conviction relief from his convictions following a plea of guilty to two counts of attempted murder,[1] each as a Class A felony, raising the following reordered issues:

I. Whether Cox's guilty plea was knowing, intelligent, and voluntary; and
II. Whether there was a sufficient factual basis on the element of intent for Cox's guilty plea to two counts of attempted murder.

We affirm.[2]

FACTS AND PROCEDURAL HISTORY[3]

On September 23, 2000, Cox was smoking crack cocaine with acquaintances Randy Osmer, Karin Coonce, Sherry King, and James Andrew Crouch,[4] in a bedroom of a Bloomington, Indiana apartment. Around 10:00 a.m., Osmer took a rock of crack cocaine from Cox, and the two began to argue. The argument escalated, and Osmer cut Cox's finger with a knife. As Cox took the knife away from Osmer, Osmer pulled out a .32 caliber revolver. Cox grabbed Osmer's revolver and shot Osmer, Crouch, King, and Coonce, who was pregnant. Cox then left the apartment. Cox later admitted that Coonce was sitting ...


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