Demarcus Malik Rousser v. the State of Texas
CourtTexas Court of Appeals, 9th District (Beaumont)
Date FiledOctober 28, 2026
Docket09-25-00483-CR
StatusPublished
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Full Opinion
In The
Court of Appeals
Ninth District of Texas at Beaumont
__________________
NO. 09-25-00483-CR
__________________
DEMARCUS MALIK ROUSSER, Appellant
V.
THE STATE OF TEXAS, Appellee
__________________________________________________________________
On Appeal from the 128th District Court
Orange County, Texas
Trial Cause No. A240379-R
__________________________________________________________________
MEMORANDUM OPINION
A grand jury indicted Appellant DeMarcus Malik Rousser 1 (“Appellant” or
“Rousser”) for evading arrest or detention, a third-degree felony. See Tex. Penal
Code Ann. § 38.04(b)(2)(A). In an open plea agreement, Rousser pleaded “guilty”
to the offense and waived a jury trial. After a pre-sentence investigation was
1
It is unclear from the record whether Appellant’s first name is spelled
“DeMarcus” or “Demarcus.” We find his name spelled both ways in the record
before us.
1
completed and after a hearing, the trial court sentenced Rousser to eight years in
prison. Rousser timely appealed.
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 Rousser to file a pro se brief, and we received no
response from Rousser.
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).
2
We affirm the trial court’s judgment.2
AFFIRMED.
LEANNE JOHNSON
Justice
Submitted on October 27, 2026
Opinion Delivered October 28, 2026
Do Not Publish
Before Johnson, Wright and Chambers, JJ.
2
Rousser 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.
3