Bob Burglar burglarizes a home. Case law says that we can punish Bob only one time for the unlawful entry into the home without violating double jeopardy.
Bob�s brother, Bill, drives Bob to home and stands watch while Bob burglarizes. Case law says pursuant to the law of parties, we can punish Bill for the unlawful entry. Now we have two punishments for one unlawful entry.
If Bob and Bill both enter the home, is it a reasonable inference based upon the case law that we can now punish Bob for his entry and also punish him for Bill�s entry?
Anyone know of any case law to support such an inference?

I think you can charge them both with burglary.

It sounds to me like you're mixing double jeopardy with theories of culpability.

The question is when can you legal punish someone's conduct, right?

You can do so if there acted in a culpable way, if they are culpable under the law of parties (which is Texas' great amalgamation of all the common law, model code, and other theories of accomplice culpability), or by ommission in failing to comply with a legally imposed duty.

Double jeopardy, as I understand it, applies to the crime not to the theory of culpability.

Thus, you can charge Bill with Burglary directly if he entered the residence or as a party if he was merely the lookout but otherwise meets the law of parties.

Whichever theory of culpability you choose you can only charge him with this particular Burglary once.

At least, that's my understanding of it.

Sorry, my scenerio was unclear. I am concerned with double jeopardy as it applies to more than one punishment for a single crime. If two people burglarize a home, can one of them be punished for their entry and again for the other person's entry?

I think what Prezas was saying is that you get to charge each of them with one count of burglary - there was only one burglary regardless of how many people were involved. Whether you choose to prove it up factually as that defendant's actual entry or as a party to someone else's entry is up to you depending on your facts, but double jeopardy would prohibit you from charging Bob with his own entry as well as Bill's if it was during the same criminal transaction.

Why would you want to charge "both" burglaries? Why not charge conspiracy - which can be charged as a separate offense? It's a level lower, but still gets you additional punishment without a double jeopardy problem if that's what you're looking for.

The charging is history. I am now writing a brief. We had two enter a home and assault our victim and eventually kidnap her. Jury found both guilty of kidnapping, burglary and committing an assault, and burglary and committing kidnapping. I am concerned with the two burglary convictions and the double jeopardy issue.