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Gross v. State

Court of Appeals of Indiana

December 22, 2014

RICHARD C. GROSS, Appellant-Defendant,
v.
STATE OF INDIANA, Appellee-Plaintiff

Page 864

APPEAL fro THE ELKHART CIRCUIT COURT. The Honorable Terry C. Shewmaker, Judge. Cause No. 20C01-1309-MR-6.

ATTORNEY FOR APPELLANT: DONALD R. SHULER, Barkes, Kolbus, Rife & Shuler, LLP, Goshen, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana, WILLIAM HACKL BRAINARD Deputy Attorney General Indianapolis, Indiana.

BROWN, Judge. BAILEY, J., and ROBB, J., concur.

OPINION

Page 865

BROWN, Judge

Richard C. Gross appeals his convictions and sentence for two counts of murder. Gross raises three issues, which we revise and restate as:

I. Whether the trial court abused its discretion in denying his motion to withdraw his guilty pleas;
II. Whether the court abused its discretion in sentencing him; and
III. Whether his sentence is inappropriate in light of the nature of the offense and his character.

We affirm.

FACTS AND PROCEDURAL HISTORY

On September 5, 2013, Gross and Kevin Moore went to Saleh's Market in Elkhart County, Indiana, to commit a robbery. Gross gave his black shoes to Moore because they appeared less distinctive or identifiable than Moore's red shoes, and Gross knew that Moore was going to rob the store using a gun. Moore entered the store and shot Jagtar Singh Bhatti and Pawan Singh, who both died as a result of their injuries. Moore then joined Gross, and they hid the gun and left the area.

On September 17, 2013, the State charged Gross with two counts of murder for the deaths of Bhatti and Singh. On December 9, 2013, the day the jury trial was scheduled to begin, Gross by counsel indicated that he desired to plead guilty to two counts of murder.[1] Gross indicated that he signed a plea agreement and ...


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