Belt v. State

In Belt v. State, 227 S.W.3d 339, 344 (Tex. App.-Texarkana 2007, no pet.), the defendant was convicted of indecency with a child for contacting the complainant's anus with his penis and for penetrating the complainant's anus with his penis. 227 S.W.3d at 344. The evidence used to convict the defendant for the indecency count was precisely the same as that relied upon for the penetration conviction: "there is no evidence that Belt touched part of J.Y.'s anus except by his penis." Id. Accordingly, the court of appeals held that the record demonstrated that the defendant had been punished twice for the same conduct. Id. at 344-45.