Woodfox v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

CAMPBELL, Judge.

Appellant was convicted, after a jury trial, of unauthorized use of a motor vehicle. V.T.C.A., Penal Code § 31.07. The jury assessed a punishment of imprisonment for 20 years, enhanced under V.T.C.A., Penal Code § 12.42(a). The Fourteenth Court of Appeals affirmed in an unpublished opinion, Woodfox v. State, No. B14-85-155-CR (Tex.App. — Houston [14th] April 17, 1986). We granted the appellant’s petition for discretionary review to determine whether a non-testifying defendant can raise the defense of mistake of fact…