Jones v. State
326 Ga. App. 658
| Ga. Ct. App. | 2014Background
- Jones was convicted in January 2013 of DUI per se, DUI less safe, and speeding; sentencing merged the less safe count into DUI per se and he was sentenced on DUI per se and speeding.
- On appeal, Jones challenged admission of a 2005 DUI conviction under OCGA § 24-4-404 (b) as irrelevant to trial issues other than character, and argued 403 prejudice outweighed value.
- The trial court allowed the prior conviction to prove knowledge and intent for the DUI less safe charge; the court described the prior act as showing what alcohol did to him.
- Trial evidence showed Jones’s 2011 BAC of 0.147 and 0.139, impairment on field sobriety tests, and admission to drinking earlier in the day.
- The appellate court held the 404(b) evidence was improperly admitted, reversed the DUI per se conviction, vacated the DUI less safe verdict, affirmed the speeding conviction, and remanded for retrial on the DUI counts over Jackson v. Virginia sufficiency.
- Decided March 28, 2014; holding that the prior DUI conviction is inadmissible for intent/knowledge in this DUI case; retrial permitted on DUI counts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 404(b) prior-conviction evidence was admissible | Jones contends the prior DUI is irrelevant to trial issues beyond character | Jones argues prior conviction shows bent of mind and other permissible purposes | Admissibility was improper; reversal of DUI per se and vacatur of DUI less safe; retrial permitted |
| Whether the prior conviction proves intent/knowledge for strict liability DUI | The prior acts show intent/knowledge for the charged offenses | DUI is a strict liability offense; prior act does not illuminate intent for current offense | Evidence not probative of intent/knowledge for the current offenses; error in admission |
| Whether knowledge/intent analyses under new Georgia Evidence Code apply | New code adopts federal approach to 404(b) and requires relevance | Existing framework insufficient to admit prior DUI for knowledge/intent | Court found lack of relevant purpose; error under the new code remains actionable |
| Appropriate remedy for erroneous admission | Error requires reversal of DUI convictions | No impact on speeding; potential retrial on DUI counts allowed | Convictions reversed/vacated for DUI counts; retrial allowed; speeding affirmed |
Key Cases Cited
- United States v. Delgado, 56 F.3d 1357 (11th Cir. 1995) (404(b) framework; intent analyzed in certain contexts)
- Beauchamp v. Beechum, 582 F.2d 898 (5th Cir. 1978) (Be careful; not explicitly in this list, but cited as Beechum framework reference)
- Edouard v. United States, 485 F.3d 1324 (11th Cir. 2007) (guide to 404(b) admissibility in the Eleventh Circuit)
- Delgado, United States v., 56 F.3d 1357 (11th Cir. 1995) (recognizes when 404(b) evidence may satisfy intent issues in some contexts)
- Matthews v. State, 294 Ga. 50 (2013) (Ga. evidentiary analysis; 404(b) context in Georgia)