Jones v. State, 565 S.E.2d 915 (Ga. Ct. App. 2002). · Go Syfert
Jones v. State, 565 S.E.2d 915 (Ga. Ct. App. 2002). Cases Citing This Book View Copy Cite
20 citation events (20 in the last 25 years) across 1 distinct court.
Strongest positive: Studiemeyer v. State (gactapp, 2006-04-12)
Treatment trajectory · 2003 → 2026 · click a year to view as-of
2003 2014 2026
Top citers, strongest first. 9 distinct citers.
cited Cited as authority (rule) Studiemeyer v. State
Ga. Ct. App. · 2006 · confidence medium
Jones v. State, 255 Ga. App. 609, 610 ( 565 SE2d 915 ) (2002).
cited Cited as authority (rule) Johnson v. State
Ga. Ct. App. · 2005 · confidence medium
Jones v. State, 255 Ga. App. 609, 610 ( 565 SE2d 915 ) (2002).
cited Cited as authority (rule) Phillips v. State
Ga. Ct. App. · 2004 · confidence medium
Jones v. State, 255 Ga. App. 609, 611 ( 565 SE2d 915 ) (2002).
cited Cited as authority (rule) Flowers v. State
Ga. Ct. App. · 2004 · confidence medium
Jones v. State, 255 Ga. App. 609, 611 ( 565 SE2d 915 ) (2002).
cited Cited as authority (rule) Williams v. State
Ga. Ct. App. · 2004 · confidence medium
Smith v. State, 273 Ga. 356, 357 (2) ( 541 SE2d 362 ) (2001); Jones v. State, 255 Ga. App. 609, 611 ( 565 SE2d 915 ) (2002).
discussed Cited as authority (rule) Turley v. State
Ga. Ct. App. · 2004 · confidence medium
J., and Miller, J., concur. 1 Turley also was charged with aggravated battery, but the jury found him not guilty of this charge. 2 Williams v. State, 261 Ga. 640, 641 (2) (a) ( 409 SE2d 649 ) (1991). 3 See Gardner v. State, 273 Ga. 809, 810 (2) ( 546 SE2d 490 ) (2001). 4 See Jones v. State, 255 Ga. App. 609, 611 ( 565 SE2d 915 ) (2002). 5 See Griffin v. State, 241 Ga. App. 783, 784 (2) ( 527 SE2d 577 ) (1999). 6 Swift v. State, 229 Ga. App. 772, 775 (2) (e) ( 495 SE2d 109 ) (1997) (“[A] trial court’s finding that other transactions evidence is relevant necessarily constitutes an implicit f…
cited Cited as authority (rule) Smith v. State
Ga. Ct. App. · 2004 · confidence medium
Jones v. State, 255 Ga. App. 609, 611 ( 565 SE2d 915 ) (2002).
discussed Cited "see" Bilow v. State (2×)
Ga. Ct. App. · 2003 · signal: see · confidence high
See Chastain v. State, 239 Ga. App. 602, 605 ( 521 SE2d 657 ) (1999). 7 Williams v. State, 261 Ga. 640, 641 (2) ( 409 SE2d 649 ) (1991). 8 Jones v. State, 255 Ga. App. 609, 611 ( 565 SE2d 915 ) (2002). 9 Dunbar v. State, 228 Ga. App. 104, 107-108 (2) ( 491 SE2d 166 ) (1997). 10 Brundage v. State, 231 Ga. App. 478, 480 ( 499 SE2d 408 ) (1998). 11 Chapman v. State, 273 Ga. 348, 350 ( 541 SE2d 634 ) (2001). 12 Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984).
discussed Cited "see" Gray v. State (2×)
Ga. Ct. App. · 2003 · signal: see · confidence high
Andrews, P. J., and Mikell, J., concur. 1 Short v. State, 234 Ga. App. 633, 634 (1) ( 507 SE2d 514 ) (1998). 2 Id.; see Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 3 Supra. 4 Slater v. State, 209 Ga. App. 723 -724 (1) ( 434 SE2d 547 ) (1993). 5 (Citations, punctuation, footnotes and emphasis omitted.) Grant v. State, 248 Ga. App. 203, 205 (2) ( 546 SE2d 339 ) (2001). 6 Jones v. State, 255 Ga. App. 609, 610 ( 565 SE2d 915 ) (2002). 7 These included the Smith, Shubert, and Milam residences, although Gray was found not guilty of the burglary charges involving the Shubert …
Jones
v.
the State
A02A1331.
Court of Appeals of Georgia.
May 31, 2002.
565 S.E.2d 915
Dell Jackson, for appellant., Paul L. Howard, Jr., District Attorney, for appellee.
Eldridge, Smith, Ellington.
Cited by 10 opinions  |  Published
Eldridge, Judge.

Jerome Amos Jones was indicted for the offenses of robbery by force and aggravated assault. A jury acquitted him of aggravated[*610] assault and found him guilty of robbery by force. Jones appeals from the denial of his motion for new trial. Without challenging the sufficiency of the evidence, Jones alleges that the trial court erred in permitting the State to introduce evidence of a similar transaction. Finding no error, we affirm.

Before evidence of an independent offense or act may be admitted into evidence, the State must make three affirmative showings. First, the State must demonstrate that the evidence is not brought forth to raise an improper reference to character, but, rather, for an appropriate purpose deemed an exception to the general rule prohibiting this type of evidence; second, the state must show sufficient evidence to establish that the accused committed the independent offense or act; and third, the State must demonstrate a sufficient connection or similarity between the independent offense and the crime charged so that proof of the former tends to prove the latter. Williams v. State, 261 Ga. 640 (409 SE2d 649) (1991).

Jones contends that the State failed to prove that the prior conviction was similar to the crime charged.

The law does not require that a similar transaction crime be identical to the crime charged. There can be substantial variation of circumstances where there exists a logical connection between crimes which are essentially dissimilar. The issue of admissibility of extrinsic transactions has never been one of mere similarity. It is, rather, relevance to the issues in the trial of the case. The State may only have the burden of showing a logical connection between [the] crimes which are essentially dissimilar. When similar transaction evidence is being introduced to prove motive, intent, or bent of mind, it requires a lesser degree of similarity to meet the test of admissibility than [where] such evidence is being introduced to prove identity.

(Citation and punctuation omitted; emphasis in original.) Maxey v. State, 239 Ga. App. 638, 640-641 (3) (521 SE2d 673) (1999).

In the present case, the evidence shows that on March 31, 1998, the victim had just returned home from the store when Jones, whom she had known for several years, knocked at her door. When the victim opened the door, Jones grabbed her, told her to shut up or he would kill her, and demanded that she give him her radio because he needed $150. When the victim refused, Jones choked her until she passed out, took the radio and her house key, which was lying on the kitchen table, and locked the victim inside her home, which could only be unlocked with the key. When the victim came to, she called the police. The victim indicated to the police that she felt that Jones[*611] attacked her because her husband owed him money on a bet. The victim had numerous bruises on her neck, face, and shoulders and required medical treatment at the hospital.

In the similar transaction, Jones was charged with murder, but entered a guilty plea to voluntary manslaughter. In substance, Jones admitted pulling a gun on the victim because he was angry over the victim previously hitting him in the MARTA station. Jones stated that he pointed the gun at the victim in order to scare him or intimidate him, but, when he fell backward and hit his elbow on the ground, the gun accidentally discharged, killing the victim.

The decision to admit prior similar transaction evidence is within the discretion of the trial court and will not be disturbed absent an abuse of discretion. Brooks v. State, 230 Ga. App. 846 (1) (498 SE2d 139) (1998). “On appeal, we focus on the similarities, rather than the differences between the similar transaction evidence and [the] present charges.” Quezada v. State, 236 Ga. App. 718, 721 (1) (512 SE2d 401) (1999). In both the present case and the similar transaction, Jones knew the victim and was involved in a dispute that he attempted to settle through intimidation and violence. Under these facts, we do not find as clearly erroneous the trial court’s conclusion that Jones’ prior act of intimidation was substantially similar to show intent and course of conduct as to the aggravated assault.

Jones further argues that the prior act should have been excluded because it occurred 17 years earlier and was too remote in time. However, similar transactions equally as remote in time have been allowed, and we held that the time lapse affected only their weight and credibility. See Tanner v. State, 243 Ga. App. 640, 642-643 (533 SE2d 794) (2000) (10-year lapse); Howard v. State, 228 Ga. App. 775 (492 SE2d 683) (1997) (12-year lapse); Moore v. State, 207 Ga. App. 412, 415-416 (1) (b) (427 SE2d 779) (1993) (22-year lapse); Mullins v. State, 269 Ga. 157, 158 (2) (496 SE2d 252) (1998) (17-year lapse). Furthermore, Jones was incarcerated on a 12-year sentence arising out of his plea to the voluntary manslaughter charge; thus, for a substantial portion of this time lapse, he was limited in his ability to commit a similar offense. “[T]he [17]-year interval between the offenses, standing alone, is not enough to require that evidence of the similar transaction be excluded, particularly where the accused was incarcerated for the first offense during most of the interval.” (Citations omitted.) Banks v. State, 250 Ga. App. 728, 730 (3) (552 SE2d 903) (2001); accord Davis v. State, 226 Ga. App. 83, 87 (485 SE2d 508) (1997).

Judgment affirmed.

Smith, P. J, and Ellington, J., concur. [*612] Decided May 31, 2002. Dell Jackson, for appellant. Paul L. Howard, Jr., District Attorney, for appellee.