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State v. Eastwood

High school teacher who engaged in consensual, private and noncommercial acts of sodomy with a student for two years could not be convicted under the sodomy statute, O.C.G.A. § 16-6-2.

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Cherlyn Eastwood plead guilty and was sentenced on October 28, 1998 on two counts of committing sodomy in violation of OCGA § 16-6-2. After Eastwood moved for reconsideration of the sentences on November 25, 1998, the trial court granted the motion, vacated the sodomy sentences, and declared the sodomy convictions void in light of the Georgia Supreme Court’s November 23, 1998 decision in Powell v. State, 270 Ga. 327 510 SE2d 18 1998, which struck down OCGA § 16-6-2 as unconstitutional insofar as it applied to private, unforced, noncommercial acts of sodomy between consenting persons.

The State appealed the trial court’s order to the Supreme Court claiming that the trial court erred in ruling that the sodomy convictions were unconstitutional and void under Powell v. State. Upon receiving the appeal, the Supreme Court entered the following order:

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