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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: ATTORNEYS FOR APPELLEE:
  
DAVID REYNOLDS GREGORY F. ZOELLER  
Michigan City, Indiana Attorney General of Indiana

   ZACHARY J. STOCK  
   Deputy Attorney General
   Indianapolis, Indiana  



IN THE
COURT OF APPEALS OF INDIANA



DAVID REYNOLDS, )
   )
Appellant-Petitioner, )
)
vs. ) No. 06A01-0802-PC-67      
)
STATE OF INDIANA, )
)
Appellee-Respondent. )



APPEAL FROM THE BOONE SUPERIOR COURT
The Honorable Rebecca S. McClure, Special Judge
Cause No. 06D01-0301-PC-16        
          


September 29, 2010

MEMORANDUM DECISION - NOT FOR PUBLICATION

BAILEY, Judge
Case Summary
David Reynolds appeals the denial of his petition for post-conviction relief in 2007 following his 1998 conviction for three counts of child molesting as class A felonies.  We affirm.
Issues
Reynolds raises two issues for our review:1
     1 Reynolds also argues the trial court erred in sentencing him.  However, because this issue was available on direct appeal, Reynolds may not raise it in post-conviction proceedings as a free-standing issue.  See  Thompson v. State, 793 N.E.2d 1046. 1050 n.1 (Ind. Ct. App. 2003).  Rather, because Reynolds also argues appellate counsel was ineffective for failing to challenge his sentence on appeal, we will consider his sentencing argument in that context.  See id.

I. Whether trial counsel was ineffective; and  
II. Whether appellate counsel was ineffective.
Facts and Procedural History
  We summarized the facts as follows in Reynolds. direct appeal:
The facts most favorable to the verdict reveal that for approximately four years, thirty-one-year-old Reynolds lived with the mother of T.J., an eight-year-old girl.  T.J. is mildly mentally disabled and is in special education classes.  Between June and December of 199[7], Reynolds had sexual contact with T.J. on three occasions.  Reynolds made T.J. kiss and suck his penis and touched her vagina with his hands and mouth.  The first incident took place in T.J..s bedroom, the second in the living room of their home, and the third in the bedroom of T.J..s mother.  T.J. told her eight-year-old friend, A.L., about the sexual contact.
On February 10, 1998, Regina Brown, a caseworker for the Boone County Office of Family and Children (OFC), interviewed A.L. concerning allegations unrelated to the present case.  During this interview, A.L. told Brown about T.J..s conversation concerning sexual abuse by Reynolds.  The same day she learned of the possibility of sexual abuse, Brown contacted T.J. at school and interviewed her.  Brown audio taped the interview with T.J.  
During this interview, T.J. told Brown that Reynolds had put his penis in her mouth, and that, as a result, Reynolds had

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