Opinion
A91A0115.
DECIDED APRIL 1, 1991.
Solicitation of sodomy. Clayton State Court. Before Judge Arnold.
R. David Botts, for appellant.
Keith C. Martin, Solicitor, Jackie N. Stanton, Assistant Solicitor, for appellee.
After a bench trial, appellant was found guilty of solicitation of sodomy. He appeals from the judgment of conviction and sentence entered by the trial court on its finding of guilt.
The evidence adduced at the bench trial would authorize a finding that, based upon his words and actions, appellant was not averse to engaging in some unspecified form of sexual activity either in the presence of or with an undercover agent. However, appellant was arrested before the encounter had progressed to the point that any actual or implicit solicitation of a specific act of sodomy ever occurred. See generally Bennett v. State, 21 Ga. App. 505 ( 94 S.E. 626) (1917). Compare Anderson v. State, 142 Ga. App. 282 (1) ( 235 S.E.2d 675) (1977). It follows that appellant's enumeration of the general grounds is meritorious and that his conviction must be reversed.
Judgment reversed. Banke, P. J., and Beasley, J., concur.