Iglehart v. State

This cause represents one of the few cases to reach the Court since the demise of the carving doctrine in Ex Parte McWilliams, 634 S.W.2d 815 (Tex.Cr.App.1982) (Opinion on State’s motion for rehearing), that calls upon us to decide the number of allowable units of prosecution that may be derived from a single transaction in which more than one victim is involved. The Court today repeats mistakes it made in its first treatment of this issue in Ex Parte Rathmell, 717 S.W.2d 33 (Tex.Cr.App.1986). I therefore dissent.

I

The carving doctrine was a substantive jeopardy principle "which allowfed] the…