Galloway v. State

Sognier, Judge.

Appellant was convicted of child molestation. He now contends the trial court erred by failing to charge the jury on circumstantial evidence, by refusing a request for a presentence investigation, failing to consider probation and not allowing appellant an opportunity to offer evidence in mitigation of punishment. Appellant also contends he did not receive effective assistance of counsel.

1. At trial direct evidence was presented by the victim in this case that appellant molested him. “A charge on circumstantial evidence is required only when the case is wholly dependent…