Gregory Alan Gauer v. State

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS GREGORY ALAN GAUER, § No. 08-15-00118-CR Appellant, § Appeal from the v. § 82nd District Court THE STATE OF TEXAS, § of Falls County, Texas Appellee. § (TC# 9395) § OPINION Appellant was charged by indictment with one count of theft. At trial, he raised a “mistake of fact” defense, contending that he had a reasonable belief that he had been given permission to take the property from someone he believed had either actual or apparent authority to act on behalf of the property’s owner. The jury rejected his defense and convicted Appellant…