Double jeopardy was violated where the defendant received a life sentence for a murder conviction and the death penalty for a capital murder, where both arose out of the same conduct. The same conduct was punished twice. He was punished once for the "basic conduct" of murder and a second time for the "same conduct plus more" of capital murder. The Court retained the conviction for the more serious offense of capital murder and set aside the murder conviction. Garza v. State, AP-75,217 [1].