Quiroz v. State

In Quiroz v. State, 291 Ga. App. 423 (662 SE2d 235) (2008), the Court held that the trial court is required to make express findings when balancing the probity of a prior felony conviction against its prejudicial effect. Id. at 428 (4). In Quiroz, the Court held that when ruling upon the admissibility of a defendant's prior felony conviction under OCGA 24-9-84.1 (a) (2), the trial court is required to balance the probity of a prior felony conviction against its prejudicial effect, considering factors including "the kind of felony involved, the date of the conviction, and the importance of the witness's credibility." Quiroz, 291 Ga. App. at 428 (4). When no express findings have been made as to this balancing test, this court can only guess whether the trial court has made the requisite determination. The Court therefore required that the trial court's findings be made expressly on the record to ensure compliance with the procedural safeguards provided under the statute. Id.