IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

PD-1126-10

JUAN ELIGIO GARCIA ADAMES, Appellant

v.

THE STATE OF TEXAS

ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

FROM THE THIRTEENTH COURT OF APPEALS

HIDALGO COUNTY

Per curiam.

O R D E R

            In addition to ground for review (1) presented in Appellant’s Petition for Discretionary Review, 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 failing to distinguish between a sufficiency review under Malik, an independent state ground review, and Jackson, a federal constitutional review? See Fuller v. State, 73 S.W.3d 250 (Tex. Crim. App. 2002)?

The Clerk of this Court will send copies of this order to the Court of Appeals for the Thirteenth District, the State Prosecuting Attorney, the District Attorney for Hidalgo County, and Appellant.

Entered January 26, 2011

Do Not Publish