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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. APPELLANT PRO SE: DANIEL M. CARDINE Bunker Hill, Indiana

FILED
Dec 30 2011, 9:04 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana Indianapolis, Indiana JODI KATHRYN STEIN Deputy Attorney General Indianapolis, Indiana

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

No. 45A04-1105-PC-267

APPEAL FROM THE LAKE SUPERIOR COURT The Honorable Kathleen A. Sullivan, Magistrate The Honorable William T. Enslen, Judge Pro Tem Cause No. 45G01-1004-PC-5

December 30, 2011 MEMORANDUM DECISION - NOT FOR PUBLICATION BARTEAU, Senior Judge

STATEMENT OF THE CASE Petitioner-Appellant Daniel Cardine appeals from the denial of his petition for post-conviction relief. We affirm. ISSUES Cardine presents three issues for our review, which we consolidate and restate as: I. Whether the post-conviction court erred by denying his claim that his sentence violates his constitutional rights. Whether the post-conviction court erred by denying his claim of ineffective assistance of trial and appellate counsel. FACTS AND PROCEDURAL HISTORY Cardine was convicted of both attempted murder and aggravated battery, which the trial court merged into a single conviction of attempted murder, a Class A felony. See Ind. Code

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