In a criminal case it is improper to use evidence that the defendant committed independent crimes or acts to show that he has a propensity to commit a certain type of crime. Pareja v. State, 286 Ga. 117, 686 S.E.2d 232 2009. This type of evidence should be admitted only if it is substantially relevant for some purpose other than to show a probability that the defendant committed the crime for which he is being tried because he is a man of criminal character or propensity. Guyton v. State, 272 Ga. 529, 531 S.E.2d 94 2000. O.G.C.A. �§ 24-2-2 allows for the admission of this type of evidence only if “the nature of the action involves such character and renders necessary and proper the investigation of such conduct.”
The trial court applies a three-prong test to determine the admissibility of an independent crime or act as substantially similar transaction evidence. The trial judge must first conclude that the independent crime or act is material to an issue relevant in the case. Relevant purposes supporting the admission of this type of evidence developed by case law include: malice, motive, absence of mistake or accident, plan, scheme, intent, bent of mind or identity of the party against whom it is offered. Next, the trial court must conclude to a preponderance level that the defendant committed the act. Finally, a sufficient connection or similarity must exist between the independent act and the crime charged, so that proof of the former tends to prove the latter. Simpson v. State, 282 Ga. 508, 651 S.E.2d 752 2007. Even if all three prongs are established, the trial judge has the obligation to balance the probative value of the evidence against its prejudicial impact and conclude that its probative value is not substantially outweighed by the danger of unfair prejudice. Mitchell v. State, 265 Ga. 71, 453 S.E.2d 731 1995; White v. State, 213 Ga. App. 429, 445 S.E.2d 309 1994.
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