CHARLES TOWN, W.Va. — A trial to determine if a Maryland man convicted March 29 of killing a 2-month-old is eligible for life in prison under a three-strikes rule will be June 6, two days before he is to be sentenced in the infant’s death.

Michael Todd Cox, 41, of Germantown, Md., was found guilty of felony child abuse by a custodian, resulting in the death of Colton Lee James of Jefferson County. Colton, the son of Cox’s girlfriend at the time, died Dec. 10, 2007, from blunt force trauma resulting in a fractured skull.

Cox is being held at Eastern Regional Jail in Martinsburg, W.Va.

Brandon C.H. Sims, a Jefferson County assistant prosecuting attorney, told Circuit Judge David H. Sanders in court Monday that because Cox was convicted on three previous felony charges in Maryland between 1988 and 1993, he qualifies for an enhanced prison sentence.

Cox faces 10 to 40 years in prison in the boy’s death and would be eligible for parole after 10 years.

Under the three-strikes rule, Cox would be sentenced to life in prison with mercy, meaning he would be eligible for parole after 15 years.

He was convicted in Montgomery County, Md., of manslaughter in November 1993 in the death of 11-month-old Amber Koehler. The girl also died from blunt force trauma, and Cox served 10 years in that case.

In April 1992, Cox was convicted of assault and battery in Montgomery County. He served five years in prison after his probation was revoked, Sims said.

In October 1988, Cox pleaded guilty to breaking and entering in Ocean City, Md., and was sentenced to up to three years in prison, Sims said. She didn’t know how long he served.

Sims said she only needs three prior felony convictions against Cox to seek an enhanced prison sentence.

James Kratovil, Cox’s court-appointed attorney, wants a jury trial to determine his client’s fate.

Sanders set two days for the trial in the event Sims calls witnesses. She said Monday after the hearing that she would base her case on witnesses and court documents.

Cox was in court Monday wearing an orange prison uniform. He remained silent on Kratovil's advice.