The State initially argues that Johnson waived this issue because he did not raise it on his direct appeal. See Thomas v. State, 640 N.E.2d 772 (Ind.Ct. App. 1994), trans. denied. Johnson was represented in his criminal trial and his direct appeal by the same attorney.
This issue was not raised in his direct appeal and is therefore waived for post-conviction purposes. Thomas v. State (1994), Ind. App., 640 N.E.2d 772, 773, trans. pending.