Charles R. Cole, III, Appellant-Petitioner,
State of Indiana, Appellee-Respondent.
from the Vanderburgh Circuit Court. The Honorable Robert J.
Pigman, Special Judge. Cause No. 82C01-1006-PC-10
ATTORNEYS FOR APPELLANT Stephen T. Owens Public Defender of
Indiana William D. Polansky Deputy Public Defender
ATTORNEYS FOR APPELLEE Gregory F. Zoeller Attorney General of
Indiana Katherine Modesitt Cooper Deputy Attorney General
Barteau, Senior Judge
of the Case
Charles R. Cole, III, appeals the denial of his petition for
post-conviction relief. We affirm.
Cole raises one issue, which we restate as: whether the
post-conviction court erred in rejecting his claim of
ineffective assistance of trial counsel.
and Procedural History
The facts, as stated in Cole's direct appeal, are as
On May 1, 1995, Cole, Christine Goodwin, and James Thomas
planned to rob First Federal Savings Bank in Vanderburgh
County. Goodwin drove an Oldsmobile, and Cole and Thomas
drove a red Toyota to the bank. Cole and Thomas wore ski
masks and Cole was armed with a handgun. While Goodwin waited
in the Oldsmobile, Cole and Thomas entered the bank, Cole
jumped onto the teller's counter, pointed a gun at the
teller's head and demanded money. Cole and Thomas left
the bank with $3000, and Goodwin drove them to the home of
Angel Cole, Cole's sister.
Cole and Goodwin planned to rob another bank on May 27, 1995.
However, on the day of the robbery, the group decided that
Goodwin would not participate. As a result, Michael Grey took
Goodwin's place in assisting with the robbery. Cole and
Grey drove the Oldsmobile and the red Toyota to Union Federal
Savings Bank. As in the first robbery, Cole wore a ski mask
and was armed with a handgun. Again, he jumped onto the
teller's counter and demanded money. He then fled with
$33, 000 to Angel Cole's house.
On June 24, 1995, Cole, Goodwin and Thomas drove the
Oldsmobile to the National City Bank intending to rob it.
Again, Cole was wearing a ski mask and was armed with the
same handgun he had used in the previous two robberies.
However, after arriving at the bank, they found that it was
On June 26, 1995, Cole and Goodwin drove to Citizens Bank in
the Oldsmobile. Cole then robbed the bank in the same manner
as he had robbed the other banks. After Cole and Goodwin fled
the bank, they drove to Angel Cole's house. Later, as
Goodwin left the sister's house, the police arrested her
for the most recent robbery. Goodwin confessed to the police
that she and Cole had committed several robberies and told
the police that they could find Cole at his father's
The police then arrested Cole at his father's house. In
addition, the police obtained consent from the father to
search the premises. During this search, they found several
Cole v. State, Cause No. 82A05-9610-CR-439, *2-3
(Ind.Ct.App. Dec. 8, 1997).
The State initially charged Cole with two counts of Class B
felony robbery and one count of Class B felony attempted
robbery. After the omnibus date had passed, Cole filed a
motion to sever the charges and the State amended the
charging information to add a third count of Class B felony
robbery. Cole did not object to the amendment. The trial
court later denied Cole's motion to sever.
A jury determined Cole was guilty of the three counts of
robbery but not guilty of attempted robbery, and the trial
court sentenced Cole accordingly. Cole appealed, claiming the
trial court erred in denying his motion to sever and in
admitting evidence found ...