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POSEY v. STATE

No. 01-94-00405-CR.

916 S.W.2d 88 (1996)

Philip Anthony POSEY, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

February 1, 1996.

Attorney(s) appearing for the Case

Velda Faulkner, Houston, for appellant.

John B. Holmes, Jr., Sandra J. Pomerantz, Stacey Webb, Houston, for appellee.

Before COHEN, O'CONNOR and WILSON, JJ.

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...

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