BAILEY, J.
A.Q. was lying on the bed with her back to Kocielko when Kocielko took her left hand, placed it on his penis, and “moved it around in a circular motion.” . . . Kocielko pulled down A.Q.‘s basketball shorts and underwear to her mid-thigh. He then penetrated A.Q.‘s anus with his penis causing her “horribly bad” pain. . . . .
. . . .
Kocielko rests his argument that there was only one offense upon Bowling v. State, 560 N.E.2d 658 (Ind. 1990), a case in which the appellant had been charged, convicted, and sentenced for both deviate sexual conduct and the touching, fondling, and caressing of the minor child. Bowling claimed that the conduct did not represent two separate occasions but took place simultaneously on one occasion. See id. at 660. Our Supreme Court affirmed Bowling’s Class B felony conviction but set aside his Class C felony conviction, because “the imposition of two sentences for the same injurious consequences sustained by the same victim during a single confrontation violated both Federal and State double jeopardy prohibitions.” Id.
Kocielko also directs our attention to the subsequent case of Watkins v. State, 575 N.E.2d 624 (Ind. 1991). Watkins had been convicted of Count I, for fondling and touching J.W. with intent to arouse and satisfy his sexual desires, and Count II, for attempting to commit child molesting by lying on top of a nude J.W. and placing his penis around and against J.W.’s anal area. See id. at 624. Our Indiana Supreme Court determined that multiple convictions could not stand for acts “committed within moments of each other as part of one incident.” Id. at 625.
. . . .
We next consider the issue of contemporaneous sentencing, that is, whether Kocielko may receive separate sentences for deviate sexual conduct and fondling when the acts took place in one confrontation involving one victim. As previously discussed, our Indiana Supreme Court has found sentencing error in violation of both Federal and State double jeopardy prohibitions, where there had been an “imposition of two sentences for the same injurious consequences sustained by the same victim during a single confrontation.” Bowling, 560 N.E.2d at 659. Kocielko’s contention that he may not be sentenced for two separate offenses is correct, and we remand with instructions to the trial court to set aside the Class C felony conviction. [Footnote omitted.]
RILEY, J., and KIRSCH, J., concur.