Gardner v. State (1989)

Gardner v. State, 780 S.W.2d 259 (Tex.Crim.App. 1989), involved a third party whom the actor believed had authority to give him consent to operate a vehicle. Id. at 260. The Court found that a mistake of fact instruction was proper because the jury could have believed that both: (1) the defendant believed that he had the consent of the third party to use the vehicle and (2) that the true owner of the vehicle had not given him permission. Id. at 262-63.