Preview:

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.

FILED
Aug 04 2008, 9:17 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: MICHAEL B. TROEMEL Lafayette, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana MONIKA PREKOPA TALBOT Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
MICHAEL L. COX, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 79A02-0804-CR-355

APPEAL FROM THE TIPPECANOE CIRCUIT COURT Bruce W. Graham, Temporary Judge Cause No. 79C01-0610-FA-18

August 4, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Michael Cox appeals his convictions of Child Molesting1 and Attempted Child Molesting,2 as Class C felonies.3 We reverse and remand. Issue Cox raises the sole issue of whether the trial court erred by entering judgment of conviction for one offense, when he had been charged with a different offense. Facts and Procedural History Cox, age thirty-four, babysat L.L., age four.4 Cox's conduct was heinous. The State charged him with three Child Molestation counts: Child Molestation, as a Class A felony, Attempted Child Molestation, as a Class A felony, and Child Molestation, as a Class C felony. Immediately after the close of the evidence in the bench trial, the trial court asked counsel for argument "about conforming the evidence to the charges." Appendix at 226. The trial court took counts I and II under advisement and later that day entered judgment of conviction on each

Download Michael L. Cox v. State of Indiana.pdf

Indiana Law