Geick, Alan Joel

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-1734-10 ALAN JOEL GEICK, Appellant

v.

THE STATE OF TEXAS

ON STATE'S PETITION FOR DISCRETIONARY REVIEW

FROM THE FOURTEENTH COURT OF APPEALS

AUSTIN COUNTY

Per Curiam.

O R D E R

The Court grants discretionary review on its own motion and would request briefing from the parties on the following question:

Did the Court of Appeals err in requiring the State to prove theft by deception, where deception was alleged in the indictment? The Clerk of this Court will send copies of this order to the Court of Appeals for the Fourteenth District, the State Prosecuting Attorney, the District Attorney for Austin County, and Appellant.

ENTERED: March 30, 2011

DO NOT PUBLISH