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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.

FILED
Jul 24 2008, 10:23 am
of the supreme court, court of appeals and tax court

CLERK

APPELLANT PRO SE: JERRY LEE SARGENT Pendleton, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana JOBY D. JERRELLS Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
JERRY LEE SARGENT, Appellant-Petitioner, vs. STATE OF INDIANA, Appellee-Respondent. ) ) ) ) ) ) ) ) )

No. 10A01-0701-PC-11

APPEAL FROM THE CLARK CIRCUIT COURT The Honorable Daniel F. Donahue, Judge Cause No. 10C01-8712-CF-53

July 24, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION

BROWN, Judge

Jerry Lee Sargent appeals the post-conviction court's denial of his petition for post-conviction relief. Sargent raises three issues, which we consolidate and restate as: I. Whether he was denied the effective assistance of trial and appellate counsel; and Whether he received a full, fair, and unbiased adjudication of his post-conviction claims.

II.

We affirm. The relevant facts, as stated in Sargent's direct appeal, follow: Sargent robbed a store in Jeffersonville, Indiana, at gunpoint. Upon leaving he forced a female who worked at the store to accompany him. Sargent held a gun to her back and threatened to kill her. After leaving the scene of the armed robbery, Sargent beat and raped the female several times over an eight and one-half hour period. Sargent v. State, No. 10A01-8903-CR-95, slip op. at 2 (Ind. Ct. App. October 20, 1989). On December 1, 1987, Sargent was charged with armed robbery 1 and armed criminal confinement 2 as class B felonies and possession of marijuana as a class D felony. The State later moved to dismiss the possession of marijuana charge and filed an habitual offender enhancement. 3 On September 30, 1988, after a three day jury trial, Sargent was convicted of armed robbery and armed criminal confinement as class B felonies. During the habitual offender phase of the trial, the jury found that Sargent was an habitual offender based on the following prior, unrelated felony convictions: (1) arson and breaking and entering on

1

Ind. Code

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