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Jones v. State

Evidence of a prior conviction may be relevant under O.C.G.A. § 24-4-404 subsection b, without regard to whether the charged crime is one requiring a specific or general intent, when it is offered for the permissible purpose of showing a criminal defendant's intent and knowledge.

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In State v. Jones,1 the Supreme Court of Georgia reversed this court’s decision in Jones v. State,2 in which this court reversed under OCGA § 24-4-404 b of the new Evidence Code the trial court’s decision to admit in Michael Jones’s trial for driving under the influence of alcohol DUI less safe and per se, evidence of a prior conviction for DUI less safe. The Supreme Court upheld the trial court’s decision to admit the evidence on the basis that it was relevant to show Jones’s intent in the charged offenses.3 Therefore, we vacate our earlier opinion and adopt the opinion of the Supreme Court as our own. The Supreme Court also remanded the case to this court for consideration of whether the trial court erred in its evaluation of the admissibility of the prior conviction evidence under OCGA § 24-4-403. Accordingly, we render the following opinion regarding the admissibility of the evidence under OCGA § 24-4-403.

Pursuant to OCGA § 24-4-403: Relevant evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence. The Supreme Court has stated that

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