In this program Criminal Attorney Tom Abbate discusses the means of expunging or petitioning for orders of non-disclosure on a criminal record.
The determination to proceed with an adjudication of guilt after a defendant is placed on deferred adjudication community supervision is reviewable in the same manner as a revocation hearing. Tex. Code Crim. Proc. art. 42.12 § 5(b). In revocation cases, the state has the burden to establish by a preponderance of the evidence that the terms and conditions of community supervision have been violated. Cardona v. State, 665 S.W.2d 492, 493 (Tex. Crim. App. 1984). The preponderance of the evidence standard is met when the greater weight of the credible evidence before the trial court supports a reasonable belief that a condition of community supervision has been violated. Rickels v. State, 202 S.W.3d 759, 764 (Tex. Crim. App. 2006).
In a hearing on a motion to revoke community supervision, the trial court alone is the trier of fact, the judge of the credibility of the witnesses, and is solely responsible for determining the weight to be given their testimony. Taylor v. State, 604 S.W.2d 175, 179 (Tex. Crim. App. 1980). When the state has met its burden of proof and no procedural obstacle is raised, the decision whether to revoke community supervision is within the discretion of the trial court. Flournoy v. State, 589 S.W.2d 705, 708 (Tex. Crim. App. [Panel Op.] 1979). Thus, appellate review of the trial court’s order revoking community supervision is limited to determining whether the trial court abused its discretion. Caddell v. State, 605 S.W.2d 275, 277 (Tex. Crim. App. 1980). If there is some evidence to support the finding of even a single violation, the revocation order must be upheld. See Hart v. State, 264 S.W.3d 364, 367 (Tex. App.-Eastland 2008, pet. ref’d); Cochran v. State, 78 S.W.3d 20, 28 (Tex. App.-Tyler 2002, no pet.) (citing Moore v. State, 605 S.W.2d 924, 926 (Tex. Crim. App. 1980)).
Community supervision revocation involves the loss of liberty and therefore implicates due process. Leonard v. State, 385 S.W.3d 570, 577 (Tex. Crim. App. 2012). Whether the defendant was afforded due process is central to appellate review of the trial court’s exercise of discretion. Id. In essence, a trial court abuses its discretion in revoking a defendant’s community supervision without affording that defendant adequate due process.