Geick v. State

The appellant was indicted for theft by deception. At trial, the jury charge allowed for a conviction without limiting the manner in which the theft was committed. The jury found the appellant guilty “as charged in the indictment” and sentenced him to 3 years in prison and a $10,000 fine.

The Fourteenth Court of Appeals acquitted the appellant because there was no evidence of deception. 1 We refused the State’s petition for discretionary review, but we granted review on our own motion on the ground, “Did the Court of Appeals err in requiring the State to prove theft by deception, where…