State v. Jones

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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We granted a writ of certiorari in this appeal to consider whether, under OCGA § 24-4-404 b “Rule 404 b” of the new Georgia Evidence Code, evidence of appellee Michael Jones’ 2005 conviction for driving under the influence of alcohol to the extent it was less safe for him to drive was admissible in a subsequent prosecution for driving under the influence. For the reasons stated below, we find that evidence of Jones’ prior conviction was admissible at trial pursuant to Rule 404 b, reverse the contrary decision of the Court of Appeals in Jones v. State, 326 Ga. App. 658 757 SE2d 261 2014, and remand to that court with direction.

At approximately 11:45 p.m. on January 21, 2011, a Cherokee County deputy sheriff conducted a traffic stop of Jones and his vehicle after Jones was observed driving at a speed above the posted speed limit. While speaking with Jones, the officer detected an odor of alcohol and noticed Jones’ eyes were red and watery. The officer asked Jones to exit the vehicle and inquired whether he had been drinking. Jones twice denied having consumed any alcohol, but after he failed the horizontal gaze nystagmus test and exhibited multiple clues of intoxication on field sobriety tests, he admitted he drank two beers earlier in the evening. Based on his observations and Jones’ performance on the field tests, the officer arrested Jones. Jones subsequently agreed to submit to state-administered breath tests which produced readings of 0.147 and 0.139.

State v. Jones

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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