James Herbert Gottlich v. State Texas State

James Herbert Gottlich appeals his conviction of indecency with a child complaining in four points of error that: (1) the trial court erred in admitting hearsay testimony in violation of article 38.072 of the Texas Code of Criminal Procedure; (2) a conflict of interest known to the State before trial denied Gottlich his right to effective assistance of counsel under the sixth amendment to the United States Constitution, the Texas Constitution, and the Texas Code of Criminal Procedure; (3) the trial court erred in submitting a charge to the jury which allowed a conviction of a lesser included offense upon proof not necessary to establish the greater offense, and because the lesser offense charged was identical to Count Two of the indictment which had been abandoned by the State in an election; and (4) the evidence is insufficient to support the conviction because the evidence failed to show beyond a reasonable doubt that Gottlich committed the offense of indecency with a child. We overrule all points and affirm.