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.
