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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.







ATTORNEYS FOR APPELLANT: ATTORNEYS FOR APPELLEE:

SUSAN K. CARPENTER GREGORY F. ZOELLER  
Public Defender of Indiana  Attorney General of Indiana  

VICTORIA CHRIST MICHAEL GENE WORDEN  
Deputy Public Defender Deputy Attorney General
Indianapolis, Indiana  Indianapolis, Indiana



IN THE
COURT OF APPEALS OF INDIANA



ROBERT HOLT, )
)
Appellant-Defendant, )
)
vs. ) No.  49A02-0908-PC-804
)
STATE OF INDIANA, )
)
Appellee-Plaintiff. )



APPEAL FROM THE MARION SUPERIOR COURT
The Honorable Mark Stoner, Judge
Cause No.  49G06-0408-PC-139320  



February 11, 2010

MEMORANDUM DECISION - NOT FOR PUBLICATION

DARDEN, Judge
STATEMENT OF THE CASE
Robert L. Holt appeals the denial of his amended petition for post-conviction relief.
We affirm.
ISSUE
Whether the post-conviction court erred in denying Holt.s amended petition for post-conviction relief.

FACTS
  The pertinent facts underlying Holt.s amended petition for post-conviction relief were described as follows in our memorandum opinion on his direct appeal:
On June 28, 2004, S.T., who was thirteen years old at the time, flirted with Holt, who was thirty-five years old, at a gas station in Indianapolis. S.T. gave Holt her phone number, and he called her on July 20, 2004, to tell her that he was on his way to her house. After a short visit, Holt left, but returned a couple of hours later. During that second visit, S.T., Holt, and S.T..s little sister were sitting in Holt.s car when another car pulled up and parked in front of Holt.s car. Some men got out of the other car and, when Holt got out of his car, the men fired guns at Holt. Holt sustained three gunshot wounds and was treated at a local hospital.  
On July 28, 2004, Holt picked up S.T. in his car, and she lied and told him that she was fifteen years old. Holt lied and told S.T. that he was nineteen years old. They went to S.T..s house, where only S.T..s twin sister was present, and S.T. and Holt went upstairs to a bedroom. Holt performed oral sex on S.T. and then had sexual intercourse with her. A few days later, Holt returned to visit S.T., but she had learned that Holt had lied about his name and age. Holt left S.T..s house after a confrontation.  
The State charged Holt with two counts of child molesting, as Class A felonies, and two counts of attempted sexual misconduct with a minor, as Class B felonies. In addition, the State alleged that Holt was a repeat sexual offender and an habitual offender. On the first day of trial, the State
filed a motion to amend the charging information by interlineations to change the word

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