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Mauk v. State

Even if defendant did not force the victim to engage in oral sex, his right of privacy did not prevent his sodomy conviction because the act took place outdoors in a public area.

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Having been indicted for the offenses of kidnapping, rape, and two counts of aggravated sodomy, George Lynn 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 Georgia Supreme Court 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

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