Saenz, Kimberly Clark

in which Keller, P.J., and Price, Johnson, Hervey, Cochran, and Alcala, JJ., joined.

We granted review to consider whether a jury charge on capital murder under Penal Code Section 19.03(a)(7) must require the jurors to agree as to the identities and the number of the victims. We shall reverse the judgment of the .court below and remand the case to the Court of Appeals.

The appellant was indicted for five counts of aggravated assault and one count of capital murder. The first five counts of the indictment alleged aggravated assaults of five patients of a dialysis clinic who suffered adverse…