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Thompson v. The State

Denial of New Trial Upheld for Convicted Drug Trafficker Despite Erroneous Admission of Impermissible Character Evidence Where Admission Was Harmless

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Antonio Thompson appeals from the denial of his motion for new trial following his convictions for trafficking in cocaine, possession of cocaine with intent to distribute, possession of a Schedule I controlled substance with intent to distribute, and possession of marijuana with intent to distribute. In his sole enumeration of error, Thompson argues that the trial court erred by permitting the State to introduce evidence of certain of Thompson’s prior criminal acts pursuant to Rule 404 (b). Although we agree that the trial court erred by admitting such evidence, in light of the overwhelming evidence of guilt presented at trial, we find that such error was harmless. We therefore affirm the denial of Thompson’s motion for new trial.OCGA § 24-4-404 (b) provides   Evidence of other crimes, wrongs, or acts shall not be admissible to prove the character of a person in order to show action in conformity therewith. It may, however, be admissible for other purposes, including, but not limited to, proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. The prosecution in a criminal proceeding shall provide reasonable notice to the defense in advance of trial, unless pretrial notice is excused by the court upon good cause shown, of the general nature of any such evidence it intends to introduce at trial. Notice shall not be required when the evidence of prior crimes, wrongs, or acts is offered to prove the circumstances immediately surrounding the charged crime, motive, or prior difficulties between the accused and the alleged victim.

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