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Waye v. State

The trial court was required to expressly make a determination regarding the admissibility of the aggravated assault defendant's prior 1987 and 1991 convictions on the record, since they occurred more than 10 years ago.

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Alfonsa Waye appeals his conviction for aggravated assault, contending that the trial court erred in admitting for impeachment purposes evidence of Waye’s 1987 aggravated assault conviction and his 1991 cocaine possession conviction. He also contends the evidence was insufficient to authorize the jury to find him guilty beyond a reasonable doubt. While we find the evidence sufficient, we must “remand this case to the trial court to enter express findings on the record as to whether, in the interest of justice, the probative value” of Waye’s 1987 conviction substantially outweighs its prejudicial effect. Clay v. State, 290 Ga. 822, 838 3 725 SE2d 260 2012.

1. We note first that shortly after Waye was convicted of this offense in August 2008, his trial counsel filed a notice of appeal in the Superior Court of Glynn County, rather than a motion for new trial. In January 2009, Waye filed the first of many requests to the superior court clerk seeking a copy of his trial transcript, asserting that his trial counsel would not contact him about his appeal. In February 2009, the trial court issued the first of four identical form orders stating that Waye was not entitled to a trial transcript at public expense for post-conviction relief without a showing of necessity. The orders did not indicate that Waye’s counsel had filed a notice of appeal.

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