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Cole v. State

Court of Appeals of Indiana

September 21, 2016

Charles R. Cole, III, Appellant-Petitioner,
v.
State of Indiana, Appellee-Respondent.

         Appeal 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 Indianapolis, Indiana

          ATTORNEYS FOR APPELLEE Gregory F. Zoeller Attorney General of Indiana Katherine Modesitt Cooper Deputy Attorney General Indianapolis, Indiana

          Barteau, Senior Judge

         Statement of the Case

         [¶1] Charles R. Cole, III, appeals the denial of his petition for post-conviction relief. We affirm.

         Issue

         [¶2] Cole raises one issue, which we restate as: whether the post-conviction court erred in rejecting his claim of ineffective assistance of trial counsel.

         Facts and Procedural History

         [¶3] The facts, as stated in Cole's direct appeal, are as follows:

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 closed.
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 house.
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 firearms.

Cole v. State, Cause No. 82A05-9610-CR-439, *2-3 (Ind.Ct.App. Dec. 8, 1997).

         [¶4] 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.

         [¶5] 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 ...


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