Published on Texas District & County Attorneys Association (http://www.tdcaa.com)
Fenoglio v. State - 2nd COA

The assessment of two sentences for possession of methamphetamine in the defendant's truck and in the defendant's house violated double jeopardy. Because the allowable unit of prosecution in this case is the methamphetamine, and because the defendant's possession of all of the methamphetamine was in the course of the same transaction and seized by the officers while serving the search-and-arrest warrant to the defendant and his property, the possession of the methamphetamine in the truck and and the possession of methamphetamine in the house were not separate offenses. Fenoglio v. State, 2-07-001-CR [1].

Source URL: http://www.tdcaa.com/node/2229

Links:
[1] http://www.2ndcoa.courts.state.tx.us/opinions/htmlopinion.asp?OpinionId=19247