Gerhardt v. State

OPINION

BURGESS, Justice.

A jury convicted Carl Nicholas Gerhardt of indecency with a child. The trial judge assessed punishment at seventeen years’ confinement in the Texas Department of Criminal Justice — Institutional Division. Gerhardt raises five points of error. We will discuss the points in chronological order, except the insufficient evidence point.

Point of error three alleges the evidence is insufficient in that the State failed to prove the requisite intent, that is, that Gerhardt acted with the intent to arouse or gratify his sexual desire. The standard of review of the sufficiency…