Desmond Kane Cosper v. the State of Texas
CourtTexas Court of Appeals, 10th District (Waco)
Date FiledOctober 29, 2026
Docket10-25-00452-CR
StatusPublished
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Full Opinion
Court of Appeals
Tenth Appellate District of Texas
10-25-00452-CR
Desmond Kane Cosper,
Appellant
v.
The State of Texas,
Appellee
On appeal from the
13th District Court of Navarro County, Texas
Senior Judge H. D. Black Jr., presiding
Trial Court Cause No. D42787-CR
JUSTICE HARRIS delivered the opinion of the Court.
MEMORANDUM OPINION
Desmond Kane Cosper was convicted of possession of
methamphetamine, under one gram, and sentenced to one year in a State Jail
facility. The trial court suspended Cosper’s sentence and placed him on
community supervision for three years. We affirm the trial court’s judgment.
BACKGROUND
Officer Folsom, with the Corsicana, Texas Police Department, stopped
Cosper at about one in the morning because Cosper was riding a bicycle in a
neighborhood without a rear reflective light. The officer explained to Cosper
that a rear reflective light was necessary for his safety and for others
approaching him from behind at night. For officer safety, Folsom called for
backup. In the meantime, Folsom conducted a pat-down of Cosper and asked
him to empty his pockets. As he was doing so, Cosper dropped a cigarette case
which opened upon hitting the ground, revealing cigarettes and a folded piece
of paper. By that time, Officer Brooks, also with the Corsicana Police
Department, had arrived, saw the opened case, and picked up the paper. Upon
opening the paper, Brooks discovered methamphetamine.
MOTION TO SUPPRESS
Cosper first asserts that the trial court abused its discretion in denying
Cosper’s motion to suppress the drug evidence discovered by the officers and
introduced into evidence. We review a trial court's ruling on a motion to
suppress for an abuse of discretion under a bifurcated standard of review.
State v. Torres, 666 S.W.3d 735, 740 (Tex. Crim. App. 2023). While we afford
almost total deference to the trial court's determination of historical facts and
the trial court's rulings on mixed questions of law and fact, especially when
those determinations are based on an assessment of credibility and demeanor,
we review pure questions of law as well as mixed questions of law and fact that
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do not turn on an assessment of credibility and demeanor de novo. Id. at 740–
741.
When a trial court denies a motion to suppress and does not enter
findings of fact, as in this case, we view the evidence in the light most favorable
to the ruling and assume the trial court made implicit findings of fact that
support its ruling as long as those findings are supported by the record. Wexler
v. State, 625 S.W.3d 162, 167 (Tex. Crim. App. 2021); Herrera v. State, 241
S.W.3d 520, 527 (Tex. Crim. App. 2007). The party that prevailed in the trial
court is afforded the strongest legitimate view of the evidence and all
reasonable inferences that may be drawn from that evidence. Wexler, 625
S.W.3d at 167; State v. Garcia-Cantu, 253 S.W.3d 236, 241 (Tex. Crim. App.
2008). Further, we should uphold the trial court's denial of a motion to
suppress so long as its ruling is correct on any legal theory applicable to the
case. McClintock v. State, 541 S.W.3d 63, 74 n. 20 (Tex. Crim. App. 2017).
When Officer Folsom stopped Cosper on his bicycle, Folsom conducted a
pat-down of Cosper for officer safety. Cosper had said he had something
similar to brass knuckles on him and had a “hammer/hatchet” in his bag.
Folsom noticed a hard case in Cosper’s left chest jacket pocket which Cosper
said was his cigarette case. Cosper then revealed a previously forgotten heavy-
weight box cutter on his belt, which Folsom retrieved. When asked if he would
Cosper v. State Page 3
mind emptying his pockets, Cosper complied and either placed or dropped
almost everything he retrieved from his pockets on the ground. When
reminded about the left chest pocket, Cosper said “sorry,” retrieved the
cigarette case, and dropped it to the ground. The case opened upon hitting the
ground, revealing cigarettes and a folded piece of paper which Officer Brooks
retrieved. Brooks asked Cosper if this was a piece of paper to which Cosper
responded, “I don’t know.” As Brooks began opening the paper, Cosper agreed
with him that people pretty much know what’s on their person. Once
methamphetamine was discovered in the paper, Cosper was arrested. Cosper
specifically contends on appeal, as he did in his motion to suppress, that the
officers exceeded the scope of Cosper’s consent to search by obtaining the folded
paper from the cigarette case and opening it.
However, a police officer in a public place has the authority to seize
anything he has probable cause to believe constitutes contraband. See Texas
v. Brown, 460 U.S. 730, 738, 103 S. Ct. 1535, 1541 (1983); Payton v. New York,
445 U.S. 573, 587 (1980); State v. Dobbs, 323 S.W.3d 184, 187 (Tex. Crim. App.
2010). Probable cause exists where the facts and circumstances known to law
enforcement officers are “sufficient in themselves to warrant a man of
reasonable caution in the belief that an offense has been or is being
committed.” Marcopoulos v. State, 538 S.W.3d 596, 602 (Tex. Crim. App. 2017)
Cosper v. State Page 4
(citation omitted). To determine whether an officer had probable cause, we
consider the totality of the circumstances. Wiede v. State, 214 S.W.3d 17, 25
(Tex. Crim. App. 2007). We also take into account the training, knowledge,
and experience of law enforcement officials. Pugh v. State, 624 S.W.3d 565,
571 (Tex. Crim. App. 2021); Wiede, 214 S.W.3d at 25.
Cosper was in a public place, a neighborhood street, at night-time, when
he was stopped by Folsom. Folsom was cautious with Cosper because he moved
around when talking to Folsom and regularly looked up the street. Based on
his training and experience, Folsom believed Cosper’s actions to be a sign that
Cosper was either going to run or had contraband on him. Because of this,
Folsom also called for backup. Cosper then admitted to carrying a
“hammer/hatchet” and something similar to brass knuckles. He forgot he was
carrying a heavy-weight box cutter but then allowed Folsom to take it after
Cosper happened to sweep back his jacket, revealing the box cutter. Cosper
did not give Folsom an address of where he was staying in Corsicana when
asked but, instead, stated that he was remodeling a house either on 2nd or
28th street. Further, Cosper knew he had a cigarette case in the left chest
pocket of his jacket, but when he was asked to empty his pockets, he failed to
empty the chest pocket. After being reminded, he retrieved the cigarette case
and dropped it to the ground which caused it to open. Officer Brooks, who
Cosper v. State Page 5
arrived at the scene as Cosper was emptying his pockets, stated that, based on
his training and experience, the way the paper was folded up made him believe
that there was some type of narcotic folded up inside the paper.
After reviewing the testimony of the officers and the video evidence
introduced during the motion to suppress hearing, and, based on the totality
of the circumstances and on the officers’ training and experience, the trial court
could have determined that Brooks had probable cause to open the paper
revealing the methamphetamine. Thus, the trial court did not abuse its
discretion in denying Cosper’s motion to suppress on this legal theory
applicable to the case. Cosper’s first issue is overruled.
SUFFICIENCY OF THE EVIDENCE
In his second issue, Cosper contends the evidence is insufficient to prove
beyond a reasonable doubt that he possessed methamphetamine. Specifically,
Cosper contends there was insufficient evidence to affirmatively link him to
the methamphetamine; thus, the State failed to prove that he knowingly
possessed it. Cosper's reliance on the affirmative links rule, however, is
misplaced.
Under the “affirmative links” doctrine, the defendant's link to the
contraband must have been more than a fortuitous proximity. Evans v. State,
202 S.W.3d 158, 161-62 (Tex. Crim. App. 2006). It applies to instances when
Cosper v. State Page 6
the defendant does not have exclusive possession of the location where the
contraband is discovered. See Foster v. State, 635 S.W.2d 710, 719 (Tex. Crim.
App. 1982) (affirmative-links doctrine applies in absence of “direct evidence of
the defendant's exclusive possession” of contraband). It does not apply,
however, when the contraband is discovered in a place exclusively controlled
by the defendant. See Deere v. State, 631 S.W.3d 762, 768-69 (Tex. App.—
Eastland 2021, pet. ref'd); see also White v. State, No. 01-23-00041-CR, 2025
Tex. App. LEXIS 358, at *31 (Tex. App.—Houston [1st Dist.] Jan. 28, 2025, no
pet.).
Here, the State was not required to present evidence affirmatively
linking Cosper to the methamphetamine because it had come from a place that
he exclusively controlled—his own coat pocket. Furthermore, Cosper was on
his own bicycle with no one else around when stopped by Officer Folsom.
Under these circumstances, the affirmative links rule does not apply. See id.
Accordingly, any alleged lack of affirmative links does not render the evidence
insufficient, and Cosper’s second issue is overruled.
ARTICLE 42.07
In his last issue, Cosper complains that the trial court erred in failing to
ask whether there was any reason why Cosper should not be sentenced as
required by article 42.07 of the Texas Code of Criminal Procedure. See TEX.
Cosper v. State Page 7
CODE CRIM. PROC. art. 42.07. Cosper did not object to the trial court’s alleged
failure.
A complaint about the court's failure to follow article 42.07 must be
preserved for our review. TEX. R. APP. P. 33.1(a)(1); see Tenon v. State, 563
S.W.2d 622, 623-24 (Tex. Crim. App. 1978) (holding that nothing was preserved
for review when appellant failed to object to the trial court's failure to follow
article 42.07); Hunter v. State, 691 S.W.3d 247, 253 (Tex. App.—Dallas 2024,
no pet.); Eisen v. State, 40 S.W.3d 628, 637 (Tex. App.—Waco 2001, pet. ref'd).
See also Webb v. State, No. 10-25-00160-CR, 2026 Tex. App. LEXIS 8834, at
*10 (Tex. App.—Waco Sept. 17, 2026, no pet. h.) (mem. op. not designated for
publication).
Cosper acknowledges that he did not object at trial regarding this alleged
error. Regardless, he argues that we should reach the merits of his issue.
Cosper’s argument does not persuade us to bypass the established preservation
requirements. Accordingly, because Cosper did not object, his third issue is
not preserved and is overruled.
CONCLUSION
Having overruled each of Cosper’s issues on appeal, we affirm the trial
court's judgment.
Cosper v. State Page 8
LEE HARRIS
Justice
OPINION DELIVERED and FILED: October 29, 2026
Before Chief Justice Johnson,
Justice Harris, and
Justice Westerfeld
Affirmed
Do Not Publish
CR25
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