Michael Ray McQueen, Appellant v. the State of Texas, Appellee

Summary

The Court of Criminal Appeals affirmed the lower appellate judgment, holding that under Texas Penal Code §31.07 the State must prove that the defendant knowingly operated the vehicle without the owner's effective consent. The decision resolves a conflict between Musgrave and Lynch, adopting Lynch's requirement that knowledge of lack of consent is an essential element, and notes that this mental‑state requirement prevents the offense from being strict liability. Justice Berchelmann filed a concurring opinion emphasizing the sufficiency of the owner's testimony and the importance of the mistake‑of‑fact defense.