Mauk v. State

Smith, Judge.

Having been indicted for the offenses of kidnapping, rape, and two counts of aggravated sodomy, Lynn George Mauk was convicted of the lesser offenses of false imprisonment and sodomy. His motion for new trial was denied, and he appeals. In Mauk’s sole enumeration of error, he contends that his conviction for sodomy must be reversed in light of the decision of the Supreme Court of Georgia in Powell v. State, 270 Ga. 327 (510 SE2d 18) (1998). Because we find that Powell is not applicable to this case, we affirm the judgment below.

In Powell, the Supreme Court found that

OCGA §…