context: Addressing the gravamen-of-the-offense factor in Ervin, the State asserts that the focus of the indecency with a child statute is the prohibited conduct, which shows that the Legislature intended for the State to be able to punish a criminal defendant multiple times. To support its argument, the State cites three related cases.
citation_a.signal: see also
citation_a.identifier: 991 S.W.2d 830, 832-33
citation_a.parenthetical: holding in a multiple-punishment case that aggravated sexual assault focuses on prohibited conduct
citation_a.sentence: See Gonzales, 304 S.W.3d at 848 (“[I]f the focus of the offense is the conduct — that is, the offense is a ‘nature of conduct’ crime— then different types of conduct are considered to be different offenses.”); Pizzo v. State, 235 S.W.3d 711, 717 (Tex.Crim.App.2007) (holding in a jury-unanimity case that indecency with a child by contact is a conduct-oriented offense); see also Vick v. State, 991 S.W.2d 830, 832-33 (Tex.Crim.App.1999) (holding in a multiple-punishment case that aggravated sexual assault focuses on prohibited conduct).
citation_b.signal: see
citation_b.identifier: 304 S.W.3d 848, 848
citation_b.parenthetical: "[I]f the focus of the offense is the conduct -- that is, the offense is a 'nature of conduct' crime-- then different types of conduct are considered to be different offenses."
citation_b.sentence: See Gonzales, 304 S.W.3d at 848 (“[I]f the focus of the offense is the conduct — that is, the offense is a ‘nature of conduct’ crime— then different types of conduct are considered to be different offenses.”); Pizzo v. State, 235 S.W.3d 711, 717 (Tex.Crim.App.2007) (holding in a jury-unanimity case that indecency with a child by contact is a conduct-oriented offense); see also Vick v. State, 991 S.W.2d 830, 832-33 (Tex.Crim.App.1999) (holding in a multiple-punishment case that aggravated sexual assault focuses on prohibited conduct).