required balancing test in Georgia

2019Douglas v. State, 340 Ga. App. 168, 171 (2) n. 7 ( 796 SE2d 893 ) (2017). 4 Under OCGA § 24-4-413 (a) (“Rule 413”), “[i]n a criminal proceeding in which the accused is accused of an offense of sexual assault, evidence of the accused’s commission of another offense of sexual assault shall be admissible and may be considered for its bearing on any matter to which it is relevant.” Similarly, under OCGA § 24-4-414 (a) (“Rule 414”), “[i]n a criminal proceeding in which the accused is accused of an offense of child molestation, evidence of the accused’s commission of another offense of child molesta

2019Douglas v. State, 340 Ga. App. 168, 171 (2) n. 7 ( 796 SE2d 893 ) (2017). 4 Under OCGA § 24-4-413 (a) (“Rule 413”), “[i]n a criminal proceeding in which the accused is accused of an offense of sexual assault, evidence of the accused’s commission of another offense of sexual assault shall be admissible and may be considered for its bearing on any matter to which it is relevant.” Similarly, under OCGA § 24-4-414 (a) (“Rule 414”), “[i]n a criminal proceeding in which the accused is accused of an offense of child molestation, evidence of the accused’s commission of another offense of child molesta

2016Thus, Frazier waived this enumeration of error on appeal by failing to object to what he now claims were inadequate findings. “[I]n order to raise on appeal an impropriety regarding the admissibility of evidence, the specific ground of objection must be made at the time the evidence is offered, and the failure to do so amounts to a waiver of that specific ground.” (Citation omitted.) Hites, 296 Ga. at 530, n. 4 (rejecting defendant’s argument that the trial court did not perform or articulate the required balancing test pursuant to OCGA § 24-9-84.1 where that specific objection was not made at

2015We agree. (a) Robinson challenges the admission of his 2001 conviction for theft by receiving motor vehicle, arguing that the trial court failed to conduct the required balancing test prior to admitting the evidence. *245 “[Ejvidence of a defendant’s felony conviction that was less than ten years old was admissible if the probative value of the evidence substantially outweighed its prejudicial effect to the defendant.” (Footnote omitted; emphasis in original.) Waye v. State, 326 Ga. App. 202, 205 (3) ( 756 SE2d 287 ) (2014).

2015We agree. (a) Robinson challenges the admission of his 2001 conviction for theft by receiving motor vehicle, arguing that the trial court failed to conduct the required balancing test prior to admitting the evidence. *245 “[Ejvidence of a defendant’s felony conviction that was less than ten years old was admissible if the probative value of the evidence substantially outweighed its prejudicial effect to the defendant.” (Footnote omitted; emphasis in original.) Waye v. State, 326 Ga. App. 202, 205 (3) ( 756 SE2d 287 ) (2014).

2014Further, it notes, the court was not required to list the specific factors it considered as to the 1991 conviction because it was less than ten years old. 3 As late as 2012, our Supreme Court admitted that trial courts had been given “little guidance regarding what constitutes an abuse of discretion in admitting such convictions under [former] OCGA § 24-9-84.1.” Clay, 290 Ga. at 835 (3) (B).