Posey v. State

OPINION

COHEN, Justice.

A jury found appellant guilty of unauthorized use of a motor vehicle, 1 and the trial court found two enhancement paragraphs “true” and assessed punishment of 35 years in prison. We find fundamental error in the jury charge because it did not submit appellant’s sole defense, mistake of fact. Consequently, we reverse and remand.

In his first point of error, appellant asserts the evidence is insufficient to prove he knew he did not have the owner’s consent when he drove the vehicle. We review the evidence under the standard in Jackson v. Virginia, 443 U.S. 307, 318-19, 99…