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Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case. ATTORNEYS FOR APPELLANT: SUSAN K. CARPENTER Public Defender of Indiana STEPHEN T. OWENS Deputy Public Defender Indianapolis, Indiana ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana STEPHEN K. TESMER Deputy Attorney General Indianapolis, Indiana

FILED
May 21 2009, 9:13 am
of the supreme court, court of appeals and tax court

IN THE COURT OF APPEALS OF INDIANA
CORWIN STOEHR, Appellant-Petitioner, vs. STATE OF INDIANA, Appellee-Respondent. ) ) ) ) ) ) ) ) )

CLERK

No. 55A04-0812-PC-700

APPEAL FROM THE MORGAN SUPERIOR COURT The Honorable G. Thomas Gray, Judge Cause No. 55D01-0311-PC-309

May 21, 2009 MEMORANDUM DECISION - NOT FOR PUBLICATION DARDEN, Judge

STATEMENT OF THE CASE Corwin Stoehr appeals from the denial of his petition for post-conviction relief. We affirm. ISSUE Whether the post-conviction court erred by finding that a sufficient factual basis supported Stoehrs guilty plea. FACTS On March 21, 2002, the State charged Stoehr with the murder1 of William Draper. On or about November 6, 2002, Stoehr and the State entered into a plea agreement, whereby Stoehr agreed to plead guilty to the charge of murder and testify against his codefendant, Stephen Rodgers. In return, the State agreed to dismiss the habitual offender allegation against him. On November 6, 2002, the trial court held a guilty plea hearing, during which Stoehr acknowledged that he understood that he was being charged with murder and that in order to be guilty of that charge, he "must have on June 28, 2001, . . . knowingly kill[ed] William Draper." (Guilty Plea Hrg. Tr. 8).2 Stoehr then testified regarding the following facts. On June 28, 2001, he, Denise Knott, Rodgers, and Draper were driving from Morgan County to Indianapolis after picking up a washing machine at the home of Stoehrs mother. Rodgers was driving Stoehrs vehicle. Draper sat in the front passenger seat; Knott and Stoehr sat in the
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