Jones v. State

BENHAM, Justice.

This is the second time this matter has appeared before this Court. Appellant Michael Jones was tried, convicted and sentenced for driving under the influence, and he has sought appellate review of that conviction on the ground that evidence of a prior DUI conviction was wrongfully admitted at trial.1 At the core of the dispute is the method by which the lower courts are to determine the admissibility of extrinsic act evidence, in this case the prior DUI, under OCGA §§ 24-4-404 (b) (Rule 404 (b)) and 24-4-403 (Rule 403) of the new Evidence Code.

Rule 404 (b) provides in…