In Ex parte Carpenter, No. AP-75,897 (Tex. Crim. App. April 9, 2008), a habeas corpus petitioner argued that his conviction for indecency with a child by exposure violated double jeopardy. The court of criminal appeals remanded to the trial court for findings of fact and conclusions of law.
The trial court found that the petitioner's "conviction for indecency with a child by exposure was 'incident to and subsumed by' the conviction for aggravated sexual assault as set out in count one, and is therefore in violation of the constitutional guarantee against double jeopardy."
Thus, the court of criminal appeals found the petitioner entitled to relief, and set aside his conviction for indecency with a child by exposure.