Jones v. State

Summary

The Georgia Supreme Court reviewed the admission of a prior DUI conviction as extrinsic-act evidence under Georgia Evidence Code Rules 404(b) and 403. The Court held that the trial court abused its discretion because the prior DUI’s probative value was substantially outweighed by the danger of unfair prejudice, but concluded the error was harmless as to the defendant’s DUI per se conviction. The judgment of the Court of Appeals was affirmed under the right-for-any-reason rule.

Holdings

1. Extrinsic-act evidence may be admitted only if it is relevant to an issue other than the defendant's character, its probative value is not substantially outweighed by unfair prejudice under Rule 403, and there is sufficient proof for a jury to find by a preponderance of the evidence that the defendant committed the prior act.
2. The trial court abused its discretion by admitting Jones's prior DUI because the evidence's probative value as to intent was substantially outweighed by the danger of unfair prejudice.
3. The erroneous admission of the prior DUI was harmless as to Jones's conviction and sentence for DUI per se.

Questions Presented

1. Whether the trial court properly admitted evidence of Jones's prior DUI conviction under Evidence Code Rule 404(b) and Rule 403.
2. Whether the trial court abused its discretion by determining that the prior DUI's probative value was not substantially outweighed by the danger of unfair prejudice.
3. Whether admission of the prior DUI was harmless as to Jones's conviction and sentence for DUI per se.

Disposition

affirmed