Duhart v. State (1984)

In Duhart v. State, 668 S.W.2d 384, 387 (Tex. Crim. App. 1984), the Texas Court of Criminal Appeals stated that "fairness would dictate that a defendant be accorded an opportunity to offer appropriate evidence in mitigation of punishment after the revocation of 'probation' and the adjudication of guilt and before the assessment of punishment if such evidence has not already been elicited during the proceedings, particularly if the defendant requests the opportunity." Thus, Duhart requires only that a defendant have the opportunity to present evidence to mitigate punishment; it does not require a separate punishment hearing after a defendant's community supervision is revoked.