D'Cobien Dorsey v. the State of Texas

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-25-00452-CR

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D’COBIEN DORSEY, Appellant V.

THE STATE OF TEXAS, Appellee

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On Appeal from the Criminal District Court Jefferson County, Texas

Trial Cause No. F18-29655

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MEMORANDUM OPINION

A grand jury indicted D’Cobien Dorsey for aggravated robbery. See Tex.

Penal Code Ann. § 29.03. Pursuant to a plea bargain, Dorsey pleaded “guilty” to the offense. The trial court found there was sufficient evidence to find Dorsey guilty, but deferred adjudication of guilt, and placed Dorsey on community supervision for ten years and assessed a $1,000 fine. The State filed a Motion to Revoke Unadjudicated Probation, alleging six violations of the terms of Dorsey’s community supervision. At a hearing on the motion, Dorsey pleaded “true” to one

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of the allegations and “not true” to the other five allegations, and the trial court heard evidence as to the five alleged violations to which Dorsey pleaded “not true.” In addition to the alleged violation to which Dorsey pleaded “true,” the trial court found the evidence sufficient to find three other alleged violations “true,” held the motion to revoke in abeyance, continued Dorsey’s probation, and sentenced him to 180 days in county jail. The State filed a First Amended Motion to Revoke Unadjudicated Probation, alleging a new violation of Dorsey’s community supervision, and at a hearing on the motion, Dorsey pleaded “true” to the alleged violation. The trial court held the motion in abeyance and reset the matter for ninety days. The State filed a Third Amended Motion to Revoke Unadjudicated Probation, 1 alleging six additional violations of Dorsey’s community supervision. At a hearing on the motion, Dorsey pleaded “not true” to the six new alleged violations. After hearing evidence, the trial court found the six new alleged violations “true,” revoked Dorsey’s community supervision, adjudicated him guilty of aggravated robbery, made an affirmative finding that a deadly weapon was used in the commission of the crime, and sentenced Dorsey to thirty years of confinement. Dorsey timely appealed.

1 According to the appellate record, the State filed a Second Amended Motion to Revoke Unadjudicated Probation but took no action on the motion.

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On appeal, Appellant’s court-appointed attorney filed a brief stating that he has reviewed the case and, based on his professional evaluation of the record and applicable law, there are no arguable grounds for reversal. See Anders v. California, 386 U.S. 738 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). We granted an extension of time for Dorsey to file a pro se brief, and we received no response from Dorsey.

Upon receiving an Anders brief, this Court must conduct a full examination of the record to determine whether the appeal is wholly frivolous. Penson v. Ohio, 488 U.S. 75, 80 (1988) (citing Anders, 386 U.S. at 744). We have reviewed the entire record and counsel’s brief, and we have found nothing that would arguably support an appeal. See Bledsoe v. State, 178 S.W.3d 824, 827-28 (Tex. Crim. App. 2005) (“Due to the nature of Anders briefs, by indicating in the opinion that it considered the issues raised in the briefs and reviewed the record for reversible error but found none, the court of appeals met the requirements of Texas Rule of Appellate Procedure 47.1.”). Therefore, we find it unnecessary to order appointment of new counsel to re-brief the appeal. Cf. Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991).

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We affirm the trial court’s judgment.2 AFFIRMED.

LEANNE JOHNSON

Justice

Submitted on August 17, 2026 Opinion Delivered August 19, 2026 Do Not Publish

Before Johnson, Wright and Chambers, JJ.

2 Dorsey may challenge our decision in this case by filing a petition for discretionary review with the Texas Court of Criminal Appeals. See Tex. R. App. P. 68.