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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
Jun 16 2008, 8:44 am
of the supreme court, court of appeals and tax court

CLERK

APPELLANT PRO SE: KENNETH P. JOHNSTON Carlisle, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana ZACHARY J. STOCK Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
KENNETH P. JOHNSTON, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 02A03-0712-PC-601

APPEAL FROM THE ALLEN SUPERIOR COURT The Honorable Frances C. Gull, Judge Cause No. 02D04-8902-CF-79

June 16, 2008

MEMORANDUM DECISION - NOT FOR PUBLICATION

KIRSCH, Judge

Kenneth P. Johnston appeals the denial of his petition for post-conviction relief,

raising one issue: whether the post-conviction court erred when it denied his Motion to Correct Erroneous Sentence. We affirm In 1989, Johnston was convicted of robbery as a Class A felony, two counts of attempted murder, each as a Class A felony, two counts of confinement, each as a Class B felony, murder, a felony, and was adjudicated an habitual offender. He received a total sentence of 230 years. In October 1989, Johnston filed his direct appeal. While that appeal was pending, the Department of Correction notified the trial court that Johnston's sentence for his habitual offender enhancement had not been attached to a particular crime as is required under IC 35-50-2-8. In response, the trial court

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Indiana Law