Daniel Henson v. the State of Texas
CourtTexas Court of Appeals, 6th District (Texarkana)
Date FiledOctober 30, 2026
Docket06-26-00182-CR
StatusPublished
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Full Opinion
In the
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-26-00182-CR
DANIEL HENSON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 5th District Court
Bowie County, Texas
Trial Court No. 21F1437-005
Before Stevens, C.J., van Cleef and Rambin, JJ.
Memorandum Opinion by Chief Justice Stevens
MEMORANDUM OPINION
Judgment was entered in this matter on July 10, 2023, after Daniel Henson pled guilty to
continuous sexual abuse of a child under fourteen years old. Here, Henson appeals from a
September 15, 2026, order dismissing his “Request for Discovery of Exculpatory Evidence
Pursuant to . . . Article 39.14” of the Texas Code of Criminal Procedure. See TEX. CODE CRIM.
PROC. ANN. art. 39.14 (Supp.). For the reasons below, we dismiss his appeal for want of
jurisdiction.
In Texas, a party may only appeal when the Texas Legislature has authorized an appeal.
Galitz v. State, 617 S.W.2d 949, 951 (Tex. Crim. App. 1981); see Abbott v. State, 271 S.W.3d
694, 696–97 (Tex. Crim. App. 2008) (“The standard for determining jurisdiction is not whether
the appeal is precluded by law, but whether the appeal is authorized by law.”). In the absence of
such authorizing legislation, appellate courts are without jurisdiction and have no authority to
act. See Raley v. State, 441 S.W.3d 647, 650–52 (Tex. App.—Houston [1st Dist.] 2014, pet.
ref’d). The Texas Legislature has not authorized an appeal from an order denying a post-
conviction motion to compel discovery under Article 39.14. See TEX. CODE CRIM. PROC. ANN.
art. 39.14; Wilson v. State, 644 S.W.3d 761, 762 (Tex. App.—Austin 2022, no pet.) (“There is no
statutory authorization for an appeal from the denial of a motion to compel discovery under
Article 39.14.”).
By letter dated October 14, 2026, we informed Henson of this jurisdictional issue and
afforded him an opportunity to respond. We advised Henson that if we did not receive a
satisfactory response by October 26, 2026, we would dismiss the appeal for want of jurisdiction.
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Although Henson filed a response, he did not provide a sufficient basis for retaining this matter
on our docket.
Accordingly, we dismiss this appeal for want of jurisdiction.
Scott E. Stevens
Chief Justice
Date Submitted: October 29, 2026
Date Decided: October 30, 2026
Do Not Publish
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