Jordan v. the State

Branch, Judge.

Following his convictions for aggravated assault and sodomy 1 and the denial of his motion for new trial, James William Jordan appeals and contends the trial court erred instructing the jury on the law of sodomy and by allowing evidence of a similar transaction. We agree that the trial court erred when it failed to respond to a question from the jury by informing the jury of the category of sexual acts decriminalized by our Supreme Court’s decision in Powell v. State, 270 Ga. 327 (510 SE2d 18) (1998), which amounted to Jordan’s sole defense to the sodomy charge. We therefore…