John Scott Carpenter v. State Texas

John Scott Carpenter was convicted after a bench trial of two cases of indecency with a child. Punishment was assessed by
the court at two years' confinement in one case and at ten years' confinement in the other. In his sole point of error, appellant
contends that the punishment failed to meet the objective of rehabilitation and was, therefore, unduly harsh, cruel, and unusual.
We disagree and affirm the trial court's judgments. In appellant's first conviction for indecency with a child, appellant was found guilty of engaging in sexual contact with
the child, which is a second degree felony. TEX. PENAL CODE ANN. § 21.11(d) (Vernon 1989). The available range of punishment
for a second-degree felony is confinement for not more than twenty years or less than two years, and a fine not to exceed
$10,000. TEX. PENAL CODE ANN. § 12.33 (Vernon 1974). Appellant was sentenced to two years' confinement and payment of a $750
fine. Appellant was then granted shock probation and placed on probation for a period of three years. Appellant's probation
was revoked and punishment was assessed at two years' confinement.