Lynch v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

ODOM, Judge.

Appellant was convicted of unauthorized use of a motor vehicle, V.T.C.A., Penal Code Sec. 31.07. Punishment, enhanced under V.T.C.A., Penal Code Sec. 12.42(d), is life. Appellant’s petition to review the Court of Appeals’ decision, 635 S.W.2d 172 (1982), was granted so that we could consider whether it was error to refuse appellant’s requested charge on the defense of mistake of fact. V.T.C.A., Penal Code See. 8.02.

Appellant testified in his own behalf, telling the jury in substance that an acquaintance had given him the keys…