Brown v

State, 312 Ga. App. 489, 718 S.E.2d 847 (2011). Attempt to hijack a motor vehicle. — Given that a defendant repeatedly stabbed a victim in the throat in a parking lot to attempt to force the victim to get inside the victim’s car, the trial court could find that the defendant rejected the car keys when the victim offered the keys because the defendant intended to abscond with both the car and the victim as needed to prove attempted hijacking of a motor vehicle under O.C.G.A. §§ 16-4-1 and 16-5-44.1(b). Hickman v. State, 311 Ga. App. 544, 716 S.E.2d 597 (2011). Abandonment of robbery not found. — Trial court properly denied the defendant’s motion for a directed verdict, on a charge of criminal attempt to commit armed robbery, as the mere fact of the fortuitous arrival of the police while the defendant and another were about to commit the actual robbery did not constitute an abandonment of the act. Level v. State, 273 Ga. App. 601, 615 S.E.2d 640 (2005). Charge on attempted first-degree arson was authorized, since the jury 370 16-4-1 CRIMINAL ATTEMPT, CONSPIRACY, & SOLICITATION would have been authorized from the evidence to conclude that the defendant intended to set fire to a house and that defendant set fire to clothing as a substantial step toward the commission of that crime. Plemons v. State, 194 Ga. App. 554, 390 S.E.2d 916 (1990). Evidence was sufficient to support the defendant’s conviction of criminal attempt to commit arson, even though the defendant testified that the defendant poured the gasoline on the floor as an experiment to get rid of insects, when a victim testified that the defendant poured gasoline on the floor after getting angry with the defendant’s spouse, a neighbor testified that the victim and the victim’s parent smelled like gasoline, the police chief testified that the odor of gasoline was so strong that the defendant called the fire department, and the defendant testified that the defendant overreacted when the defendant heard the defendant’s spouse and child laughing and that the defendant told them that they thought that the defendant was wrong about burning the house down. Waller v. State, 267 Ga. App. 608, 600 S.E.2d 706 (2004). When the facts demonstrated that the defendant threatened to burn down a restaurant and then proceeded to pour gasoline onto the restaurant’s tables and carpet in front of numerous eyewitnesses, such was sufficient evidence to allow a rational jury to convict defendant of attempt to commit arson and terroristic threats; moreover, the defendant’s act of damaging the tables and carpet by pouring gasoline on them was sufficient to support a conviction of first-degree criminal damage to property. Robinson v. State, 288 Ga. App. 219, 653 S.E.2d 810 (2007). Fingerprint evidence sufficient. — Evidence was sufficient to adjudicate the defendant juvenile delinquent for acts that, if committed by an adult, would constitute the offenses of burglary and attempted burglary because, for purposes of the first burglary, it appeared to the investigating officers that the burglar had entered through a kitchen window at the rear of the house, and the officers found the defendant’s palm prints on the outside of the bottom lower window pane of that window; for purposes of the second bur- 16-4-1 glary, the officers found the defendant’s palm prints on the outside of three windows at the back of the house; and the only reasonable hypothesis was that the defendant’s palm prints were impressed at the time of the burglaries. In the Interest of S. B., 348 Ga. App. 339, 822 S.E.2d 835 (2019). 2. Offenses Against Individuals Kidnapping not converted to mere criminal attempt when victim did not obey all of the assailant’s commands. Padgett v. State, 170 Ga. App. 98, 316 S.E.2d 523 (1984). In a prosecution for enticing a child for indecent purposes, there was no error in the trial court’s refusal to charge the jury on the offense of criminal attempt. Morris v. State, 179 Ga. App. 228, 345 S.E.2d 686 (1986). Asportation of child is not essential element of attempted child molestation. Wittschen v. State, 189 Ga. App. 828, 377 S.E.2d 681 (1988), aff ’d, 259 Ga. 448, 383 S.E.2d 885 (1989). Delinquent attempted aggravated child molestation. — In order to find juvenile defendant guilty of the delinquent act of attempted aggravated child molestation, the court must find defendant attempted aggravated child molestation with intent to satisfy defendant’s own desires. Whether the juvenile defendant had the sexual intent or knowledge of an adult would be irrelevant. In re W.S.S., 266 Ga. 685, 470 S.E.2d 429 (1996). Defendant’s conviction of attempted child molestation was affirmed on evidence showing that defendant drove a van up to two young girls who were roller-skating on a street, held up dollar bills and asked them if they would like to have the money, and when one girl responded affirmatively, made a lewd suggestion. Wittschen v. State, 189 Ga. App. 828, 377 S.E.2d 681 (1988), aff ’d, 259 Ga. 448, 383 S.E.2d 885 (1989). When there was undisputed evidence that the defendant entered the 12-year old victim’s house with the intent to engage in sexual activity and that the defendant sat nude on the victim’s bed while the victim was in the bed, a rational trier of fact could have concluded beyond a reasonable 371 Application (Cont’d) 2. Offenses Against Individuals (Cont’d) doubt that the defendant was guilty of criminal attempt to commit child molestation. Garmon v. State, 192 Ga. App. 250, 384 S.E.2d 278 (1989). Evidence that defendant undressed himself and a 14-year-old girl and then climbed into bed with her was more than sufficient to sustain defendant’s conviction of criminal attempt to commit child molestation in violation of O.C.G.A. §§ 16-4-1 and 16-6-4(a). Colbert v. State, 255 Ga. App. 182, 564 S.E.2d 787 (2002). Defendant could be convicted of criminal attempt to commit child molestation since defendant had definitely gone beyond mere preparation as the undisputed evidence showed that defendant repeatedly visited the victim and offered the victim money, defendant stuck a hand in the front pocket of the victim’s pants, carried a picture of the victim in defendant’s wallet, and gave the victim a note that expressly stated that defendant wanted to make love to the victim. Lopez v. State, 258 Ga. App. 92, 572 S.E.2d 736 (2002). Evidence was sufficient to support conviction for attempted child molestation under O.C.G.A. § 16-4-1 when defendant: (1) wrapped defendant’s body around a child so as to restrain the child’s arms; (2) rubbed and kissed the child’s back, placing defendant’s feet in the child’s crotch; and (3) asked where the child had been all defendant’s life. Tanner v. State, 259 Ga. App. 94, 576 S.E.2d 71 (2003). Evidence supported the defendant’s attempted child molestation conviction as the defendant showered a 13-year-old victim with gifts and marijuana to induce the victim to have sexual intercourse with the defendant. Leaptrot v. State, 272 Ga. App. 587, 612 S.E.2d 887 (2005). Evidence supported the defendant’s conviction of child molestation and criminal attempt to commit child molestation because: (1) the nine-year-old victim testified that on multiple occasions the defendant fondled the victim’s breasts and private parts; (2) the victim further testified that the defendant attempted to have the 16-4-1 victim touch the defendant’s genitals; and (3) the victim initially informed the victim’s mother of the defendant’s actions and shortly thereafter repeated the details of the incidents to a therapist and two child services agency case workers. Cook v. State, 276 Ga. App. 803, 625 S.E.2d 83 (2005). Despite allegations that: (1) the victim’s testimony was contradicted by the victim’s mother; and (2) the victim had a motive to lie about the defendant, the appeals court refused to disturb the jury’s determination as to the same, given the jury’s province to resolve the conflicts in the evidence; hence, the defendant’s cruelty to children and attempted aggravated and child molestation convictions were upheld on appeal. Chalker v. State, 281 Ga. App. 305, 635 S.E.2d 890 (2006). Sufficient evidence supported the defendant’s convictions of aggravated child molestation under O.C.G.A. § 16-6-4(c), attempted aggravated sodomy under O.C.G.A. §§ 16-4-1 and 16-6-2(a), and statutory rape under O.C.G.A. § 16-6-3(a); the victim testified that the defendant put the defendant’s privates inside the victim’s privates and attempted to put the defendant’s privates in the victim’s behind, and the nurse practitioner testified that the physical examination of the victim indicated injuries consistent with the victim’s testimony. Anderson v. State, 282 Ga. App. 58, 637 S.E.2d 790 (2006), overruled on other grounds, Schofield v. Holsey, 281 Ga. 809, 642 S.E.2d 56 (2007). Rational trier of fact could have found the defendant guilty of attempted child molestation beyond a reasonable doubt because whether the defendant’s actions were immoral or indecent and done with the requisite intent were questions for the jury. Machado v. State, 300 Ga. App. 459, 685 S.E.2d 428 (2009). Evidence that the defendant, age 35, met a girl online whom the defendant believed was 15, that the defendant made numerous comments about how the defendant could get in trouble or go to jail, that the defendant engaged in sexually explicit conversations and directed the child to pornography sites showing black men having sex with white women, that the 372 16-4-1 CRIMINAL ATTEMPT, CONSPIRACY, & SOLICITATION defendant drove to an arranged meeting place, and, that, when officers appeared, the defendant fled, was sufficient to convict defendant of violating O.C.G.A. §§ 16-4-1 (attempt), 16-6-4 (child molestation), 16-6-5 (enticement of a child), and 16-10-24 (obstruction). Smith v. State, 306 Ga. App. 301, 702 S.E.2d 211 (2010). Evidence that the defendant raised the subject of masturbation with the child victim and asked her to perform that act upon him was sufficient to support the defendant’s conviction of attempted child molestation. Pendley v. State, 308 Ga. App. 821, 709 S.E.2d 18 (2011). Evidence that the defendant sent email communications to a person the defendant believed to be the mother of a 14-year-old girl, arranged to pay for a night of ‘‘companionship’’ with the girl, and traveled to the arranged meeting place was sufficient to show that the defendant took a substantial step toward committing the crime of child molestation and supported the conviction for attempted child molestation. Schlesselman v. State, 332 Ga. App. 453, 773 S.E.2d 413 (2015). Evidence that the defendant communicated with someone the defendant believed was a 15-year-old girl, asked the alleged child repeatedly for nude photos, told the child the defendant was a horny and dirty old man, and told the child they could play and get all worked up and be ready for fun before meeting, arranged a meeting, and traveled to the arranged meeting place was sufficient to support the defendant’s conviction for attempt to commit child molestation. Reid v. State, 349 Ga. App. 196, 825 S.E.2d 555 (2019). Sexual offenses with minors initiated over the Internet. — Defendant was not entrapped by law enforcement because: (1) the defendant, via electronic communications, asked an undercover officer who was posing as a teenage girl to engage in sexual intercourse and oral sodomy with the defendant, even after the ‘‘teenage girl’’ told the defendant that the teenage girl was 14 years old; (2) the defendant initiated the conversation during which a meeting was arranged and the defendant described in detail the sex acts which the defendant wished to perform on the teenage girl at the park where the two 16-4-1 discussed meeting for sex; (3) when the defendant arrived at the park, the defendant possessed a condom on the defendant’s person; and (4) when the officers who stopped the defendant at the park explained that the officers were with a task force for Internet crimes against children, the defendant immediately responded that the defendant was at the park to counsel a 14-year-old girl about the dangers of meeting men from the Internet. Logan v. State, 309 Ga. App. 95, 709 S.E.2d 302, cert. denied, No. S11C1101, 2011 Ga. LEXIS 579, cert. denied, 132 S. Ct. 823, 181 L. Ed. 2d 533 (2011). When the defendant was charged with using the Internet to seduce, solicit, lure, or entice a child or a person believed to be a child to commit an illegal sex act, under O.C.G.A. § 16-12-100.2(d)(1), attempted aggravated child molestation, under O.C.G.A. §§ 16-4-1 and 16-6-4(c), and attempted child molestation, under O.C.G.A. §§ 16-4-1 and 16-6-4(a), it was not error to deny the defendant’s motion for a directed verdict of acquittal, based on entrapment, because the jury’s determination that entrapment did not occur was supported by evidence that: (1) the defendant continued communicating with a person the defendant believed to be 14 years old, including having sexually explicit conversations with the person in which the defendant stated the defendant wanted ‘‘a lot of oral,’’ after the defendant learned that the person was 14 years old; (2) the defendant discussed with the person how the person could meet the defendant if the person could not drive, inquired whether the person had ever snuck away from home before, and stated that the defendant believed the union would be legal if the defendant were 16 years old, instead of the defendant’s actual age; (3) the defendant left the defendant’s home of Tennessee to meet a purportedly 14-year-old girl in order to have sex with the person, which the defendant admitted in the defendant’s statements to officers; and (4) the defendant brought condoms with the defendant, which the defendant stated were to prevent any ‘‘accidents’’ in the event the defendant was able to have sex with the person. Millsaps v. State, 310 Ga. App. 769, 714 S.E.2d 661 (2011). 373 Application (Cont’d) 2. Offenses Against Individuals (Cont’d) Sufficient evidence supported the defendant’s conviction for criminal attempt to entice a child for indecent purposes based on the evidence that the defendant thought the intended victim was a 15-year-old girl with whom the defendant continued to contact, engaged in sexually explicit conversations, and arranged to meet for a sexual encounter, and although the defendant introduced some evidence in the form of an e-mail to support the claim that defendant believed the defendant was dealing with an adult, that evidence was not conclusive and it was for the jury to determine defendant’s truthfulness. Castaneira v. State, 321 Ga. App. 418, 740 S.E.2d 400 (2013). Evidence that the defendant traveled from Tennessee to an arranged location in Georgia to have sexual intercourse with a person the defendant thought to be a 14-year-old girl, a substantial step toward committing the offense of criminal attempt to commit child molestation, was sufficient to support the defendant’s conviction for attempt to commit child molestation. The fact that the girl did not actually exist and, thus, the defendant was never in the child’s presence did not preclude the defendant’s conviction. Brown v. State, 321 Ga. App. 798, 743 S.E.2d 474 (2013). Evidence of guilt overwhelming despite attempt to commit felony murder not recognized crime. — Assuming without deciding that attempt to commit felony murder is not a recognized crime in Georgia, the evidence supporting the defendant’s other convictions was overwhelming; thus, the inclusion of the attempt to commit felony murder counts, even if erroneous, would not have prejudiced the jury’s consideration of guilt as to the other counts in the indictment. Summerlin v. State, 339 Ga. App. 148, 793 S.E.2d 477 (2016). Assault with automotive water pump. — Evidence that the defendant approached the victim from behind and struck the victim after the victim received cash in payment for delivering pizza and 16-4-1 that the defendant attempted to use an automotive water pump to hit the victim was sufficient to support the defendant’s convictions for aggravated assault and criminal attempt to commit armed robbery. Simmons v. State, 342 Ga. App. 853, 805 S.E.2d 615 (2017). Evidence insufficient to support conviction for attempt to influence public official. — Defendant corrections officer’s conviction of an attempt to influence the defendant’s supervisor not to charge an inmate with possession of marijuana by an inmate could not stand for lack of evidence showing that the officer took any action, substantial or otherwise, to improperly influence the defendant’s supervisor to such end. Beard v. State, 300 Ga. App. 146, 684 S.E.2d 306 (2009). Completed attempt to commit armed robbery. — Attempt to commit armed robbery was completed when defendant entered bank armed with gun and wearing disguise, with manifest intent to commit theft. Lambert v. State, 157 Ga. App. 275, 277 S.E.2d 66 (1981). Failing to charge the jury on the lesser included offense of criminal attempt to commit armed robbery was not error since, if the jury believed any combination of defendant’s statements, the defendant either was a party to the completed crime of armed robbery or defendant lacked any intent to be a party to the crime. Spivey v. State, 243 Ga. App. 785, 534 S.E.2d 498 (2000). No merger of crimes of attempted child molestation and computer child exploitation. — Because the offenses of criminal attempt to commit child molestation and computer child exploitation each required proof of a fact the other did not, the trial court did not err in sentencing the defendant on both convictions. Brown v. State, 321 Ga. App. 798, 743 S.E.2d 474 (2013). Crimes of attempted armed robbery and aggravated assault are separate and distinct, and separate sentences may be imposed. Lambert v. State, 157 Ga. App. 275, 277 S.E.2d 66 (1981). Aggravated assault is not included in attempted armed robbery as a matter of law, although these two offenses may as a matter of fact merge if the same facts are 374 16-4-1 CRIMINAL ATTEMPT, CONSPIRACY, & SOLICITATION used to prove both offenses. However, where the underlying facts show that one crime was completed prior to the second crime, so that the crimes are separate as a matter of law, there is no merger. Gaither v. Cannida, 258 Ga. 557, 372 S.E.2d 429 (1988). When a defendant pulled out a gun and demanded money from a cab driver, the offense of criminal attempt armed robbery was complete, and the defendant’s subsequent acts, including striking the driver on the head, were not necessary to prove that offense; thus, the attempt offense did not merge with aggravated assault offenses for sentencing purposes. Duncan v. State, 290 Ga. App. 32, 658 S.E.2d 780 (2008). Defendant was properly denied merger of a charge of criminal attempt to commit armed robbery and aggravated assault of a store victim as the offense of attempted armed robbery under, inter alia, O.C.G.A. § 16-4-1 was complete when the defendant pointed the gun at the victim and aggravated assault occurred when the victim was struck in the face with the gun. Stubbs v. State, 293 Ga. App. 692, 667 S.E.2d 905 (2008). Aggravated assault conviction merged with attempted armed robbery. — Since the defendant was indicted for aggravated assault for pointing a handgun at a victim, which was also a substantial step toward commission of the armed robbery, the trial court properly merged the defendant’s aggravated assault conviction with the attempted armed robbery conviction. McKinney v. State, 274 Ga. App. 32, 619 S.E.2d 299 (2005). Attempted armed robbery did not merge with aggravated assault. — Because an attempted armed robbery began when the defendant kicked down the victim’s door, entered the victim’s home with a firearm, and demanded that the victim give it up, and continued as the victim and a co-defendant struggled outside; after the victim was able to run away, the co-defendant shot the victim twice; the robbery and aggravated assault were separate offenses and did not merge. Cuyler v. State, 344 Ga. App. 532, 811 S.E.2d 42 (2018), cert. denied, 2018 Ga. LEXIS 482 (Ga. 2018). 16-4-1 Trial court erred in failing to merge the defendant’s convictions for attempted armed robbery and aggravated assault because the aggravated assault charge did not require proof of any fact that was not also required to prove the attempted armed robbery, as that offense could have been proved under the indictment in the current case; and the conduct involved in the attempted armed robbery count and aggravated assault count arose out of the same act or transaction as both counts alleged that the defendant pointed the gun at the victim, and the victim indicated that the gun was directed at the victim one time. Wilson v. State, 344 Ga. App. 285, 810 S.E.2d 303 (2018). Attempted armed robbery is lesser included offense of felony murder. Farley v. State, 238 Ga. 181, 231 S.E.2d 761 (1977). Later, additional crimes did not merge with attempted armed robbery. — Convictions for burglary, kidnapping, terroristic threats, and possession of a firearm during the commission of a felony did not merge with attempted armed robbery conviction because the attempted armed robbery was complete before the crimes were committed inside the residence; the defendant discussed with the co-worker the idea to dress up as a heating and air technician to perform a robbery, traveled to the residence armed with handguns and a hollow clipboard used to conceal the handgun, and pointed the handgun at a victim before entering the house. McKinney v. State, 274 Ga. App. 32, 619 S.E.2d 299 (2005). Criminal attempt to commit rape. — When, instead of stopping as requested, defendant drove past the fire station, grabbed the victim by the hair and told her she could not get out until she gave defendant a kiss, and that she would have to do some other stuff, too, defendant’s statements to the victim and his actions in the car indicate that he was attempting to rape the victim, and the evidence was sufficient to support defendant’s conviction. Helton v. State, 166 Ga. App. 662, 305 S.E.2d 592 (1983). Criminal attempt to commit murder. — Aggravated assault conviction merged into a criminal attempt to commit 375 Application (Cont’d) 2. Offenses Against Individuals (Cont’d) murder conviction, where both counts were based on allegations that defendant had stabbed the victim with a knife. Kelley v. State, 201 Ga. App. 343, 411 S.E.2d 276 (1991). Evidence that a defendant gave a detective checks for $7,000 to kill the defendant’s uncle and described defendant’s uncle’s location was sufficient to support defendant’s convictions for criminal attempt to commit murder and solicitation of murder. Impossibility was not a defense, although the uncle was through airport security and there were no funds in the defendant’s account, because the defendant believed that the hit could take place and that the checks would persuade the supposed hit man to commit the murder. Rana v. State, 304 Ga. App. 750, 697 S.E.2d 867, cert. denied, No. S10C1764, 2010 Ga. LEXIS 922 (Ga.), cert. denied, U.S. , 131 S. Ct. 156, 178 L. Ed. 2d 93 (2010). Jury was authorized to find that the defendant was a party to the crimes of attempted murder and first degree arson based on evidence that the defendant and an accomplice intended to rob the victim and then kill the victim to avoid detection and hitting the victim with a machete and setting fire to the victim’s residence were done in execution of that purpose. Lonon v. State, 348 Ga. App. 527, 823 S.E.2d 842 (2019). Aggravated battery merged with attempted murder. — Trial court erred in failing to merge the offense of family violence aggravated battery with attempted murder as both convictions were established by the same conduct. Hernandez v. State, 317 Ga. App. 845, 733 S.E.2d 30 (2012). Criminal attempt to commit statutory rape. — Nineteen-year-old’s defendant’s admission that the defendant and a 14-year-old child of the opposite sex took off their clothes and got onto the bed together, and that the defendant ‘‘got on’’ the child was sufficient to sustain the defendant’s conviction for attempted statutory rape, even though the defendant 16-4-1 testified, in contravention to the victim’s testimony, that they did not have sexual intercourse. Neal v. State, 264 Ga. App. 311, 590 S.E.2d 168 (2003). Attempted rape required sex offender registration. — In pleading guilty to criminal attempt to commit rape, a defendant admitted that the defendant intended to commit the specific crime of rape and took a substantial step toward that end. Because the crime attempted was related to a sexually violent offense, namely rape, the defendant was properly required to comply with the registration requirements of O.C.G.A. § 42-1-12, and the trial court did not err in convicting the defendant for violating the registry statute. Jenkins v. State, 284 Ga. 642, 670 S.E.2d 425 (2008). Attempted kidnapping. — Convictions of criminal attempt to commit kidnapping, O.C.G.A. § 16-5-40(a), and aggravated assault with intent to rape, O.C.G.A. § 16-5-21(a)(1), were supported by sufficient evidence since the victim positively identified the defendant as the attacker when the defendant was captured and again at trial, and since a store owner also identified the defendant at trial and testified that the store owner maintained sight of the defendant from when the store owner saw the defendant attacking the victim until the defendant’s capture; additionally, since the defendant made no attempt to take the victim’s purse or keys, and the evidence showed that the defendant had pornographic photos of a person who looked similar to the victim, the jury was authorized to find that the defendant had the requisite intent to detain, abduct, and rape the victim as charged. Mobley v. State, 279 Ga. App. 476, 631 S.E.2d 491 (2006). Evidence that the defendant entered an occupied motor vehicle and commanded the driver to ‘‘drive or die,’’ while wielding a rock in a sock supported the defendant’s conviction for criminal attempt to commit kidnapping. Hughes v. State, 323 Ga. App. 4, 746 S.E.2d 648 (2013). Attempted kidnapping shown with use of non-filed criminal charges. — Defendant’s convictions for kidnapping, attempted kidnapping, and criminal trespass were erroneously reversed as the fact 376 16-4-1 CRIMINAL ATTEMPT, CONSPIRACY, & SOLICITATION that the state did not file criminal charges against the defendant based directly on three prior pool incidents with young children did not mean that those incidents were non-criminal or not indicative of the defendant’s state of mind. State v. Ashley, 299 Ga. 450, 788 S.E.2d 796 (2016). Attempted statutory rape merged into child molestation. — Trial court did not err in merging an attempted statutory rape charge into a child molestation charge as the state was required to prove the commission of an immoral or indecent act, removing the victim’s and the defendant’s clothing, the victim’s age was less than 16, and the defendant’s intent to arouse or satisfy the defendant’s own or the child’s sexual desires; thus, the state used up the evidence that the defendant committed attempted statutory rape in establishing that the defendant committed child molestation. Leaptrot v. State, 272 Ga. App. 587, 612 S.E.2d 887 (2005). Defendant’s convictions for child molestation, attempted statutory rape, and burglary were supported because: (1) the defendant entered the 14-year-old victim’s room through a window, uninvited; (2) told the victim to push the bed against the door; (3) removed the victim’s panties and the defendant’s own pants and laid on top of the victim, but the victim prevented the defendant from penetrating the victim; (4) defendant fondled the victim’s breasts and touched the victim’s nipples; and (5) on a prior occasion, the defendant made the victim touch the defendant’s penis with the victim’s hand. Leaptrot v. State, 272 Ga. App. 587, 612 S.E.2d 887 (2005). Sex offender registration. — Defendant was properly ordered to register as a sex offender because defendant’s convictions constituted criminal offenses against a victim who was a minor, pursuant to O.C.G.A. § 42-1-12(a)(9)(B) and, as attempt convictions pursuant to O.C.G.A. § 16-4-1 were covered within the registration requirement; defendant was convicted of criminal attempt to commit child molestation and criminal attempt to entice a child for indecent purposes, in violation of O.C.G.A. §§ 16-6-4(a) and 16-6-5(a), respectively, after defendant communicated over the Internet with a police officer who was disguised as a 16-4-1 14-year-old child, and arranged to meet the alleged child, and the fact that an actual child was not involved did not negate the offense or the need for the registration, as there was no impossibility defense. Spivey v. State, 274 Ga. App. 834, 619 S.E.2d 346 (2005). Attempted aggravated sodomy. — There was sufficient evidence presented for the jury to find the defendant guilty of criminal attempt to commit aggravated sodomy because the state presented sufficient evidence via the victim’s testimony that the defendant attempted to force the victim to perform oral sodomy; the victim testified that the defendant moved her to the bedroom of her home while holding a knife and told her to perform oral sex on him and that when she explained that she could not engage in the act the defendant, while still standing over her, moistened and fondled himself and then forced her to fondle him. Williams v. State, 300 Ga. App. 839, 686 S.E.2d 446 (2009). Trial court did not err in convicting the defendant of criminal attempt to commit aggravated sodomy in violation of O.C.G.A. §§ 16-4-1 and 16-6-2 because a reasonable trier of fact could have found that the defendant had the necessary criminal intent to commit aggravated sodomy when the evidence presented at trial showed that the defendant forced the victim’s mouth into close proximity with the defendant’s sex organs while the victim screamed for help, kicked, and fought the defendant; a reasonable trier of fact could have found that had the victim not been able to escape, the defendant would have forced the victim to engage in sodomy, thereby demonstrating that the defendant had taken a substantial step toward committing aggravated sodomy even though the defendant had not spoken, touched either the defendant’s or the victim’s sex organs, or exposed the defendant’s genitals when the violent acts occurred. English v. State, 301 Ga. App. 842, 689 S.E.2d 130 (2010). Attempted aggravated child molestation and attempted aggravated sodomy did not merge. — In the defendant’s trial for charges for going to a meeting place with the purpose of having sex with fictitious brothers, ages 12 and 5, 377 Application (Cont’d) 2. Offenses Against Individuals (Cont’d) the trial court erred in merging attempted aggravated child molestation into attempted aggravated sodomy convictions because the offenses did not merge in either direction under O.C.G.A. §§ 16-1-6 and 16-1-7. Each required proof of an element the other did not, and the two crimes were equally serious. Metcalf v. State, 349 Ga. App. 408, 825 S.E.2d 909 (2019). Malice murder and attempted arson convictions were upheld as: (1) the evidence presented showed that an attempted arson was inextricably linked to the victim’s murder, and the jury was authorized to find beyond a reasonable doubt that the defendant was guilty; (2) the admission of two handwritten documents that defendant had penned, was proper as their prejudicial impact did not outweigh their probative value; and (3) the trial court did not abuse the court’s discretion in determining that any prejudicial impact of a religious prayer asking for strength, and an expression of uncertainty as to what ‘‘makes me tick,’’ did not outweigh the probative value of the evidence. Fortson v. State, 280 Ga. 376, 628 S.E.2d 104 (2006). Because sufficient evidence showed that the defendant, by posing as a police officer and driving the victims to remote locations, used fear and intimidation to ensure that the victims would cooperate and agree to have sex, the defendant was not entitled to an acquittal as to the charges of impersonating an officer, aggravated sodomy, attempted aggravated sodomy, aggravated assault and rape; furthermore, though both victims willingly got into the defendant’s car, after the victims pleaded to be let go and the defendant refused to grant those pleas, that act amounted to a kidnapping. Dasher v. State, 281 Ga. App. 326, 636 S.E.2d 83 (2006). Based on the defendant’s concession that the state’s evidence tended to show an inference of the defendant’s guilt in making a false claim against the county as to money the county allegedly owed to the defendant, and despite a claim that the 16-4-1 facts supported the conclusion that the county’s aquatic center director was the culpable party, when the defendant pointed to no evidence proving such, convictions for criminal attempt to commit theft by taking and first-degree forgery were supported by the evidence. Brown v. State, 285 Ga. App. 453, 646 S.E.2d 289 (2007), cert. denied, No. S07C1503, 2007 Ga. LEXIS 672 (Ga. 2007). There was sufficient evidence to support an adjudication for delinquency based on criminal attempt to commit robbery under O.C.G.A. §§ 16-4-1 and 16-8-40; a rational trier of fact was authorized to find that the defendant, in ‘‘reaching at’’ the victim and grabbing the victim’s jacket prior to shooting the victim, attempted to take the victim’s cigarettes by force, intimidation, or sudden snatching. In the Interest of B.S., 284 Ga. App. 680, 644 S.E.2d 527 (2007). Despite a juvenile’s challenge to the sufficiency of the evidence, an adjudication entered by the juvenile court on a charge of attempted rape was proper because the charge was supported not only by the testimony of the victim, but also by the corroborating testimony offered by both the victim’s neighbor, who witnessed the attack, and the victim’s sister, who chased the juvenile away from the scene. In the Interest of J.L.H., 289 Ga. App. 30, 656 S.E.2d 160 (2007). Sufficient evidence existed to support defendant’s conviction for criminal attempt to manufacture methamphetamine, and defendant’s challenge to the sufficiency of the evidence based upon the uncorroborated testimony of defendant’s accomplice alone failed, as the incriminating testimony by the accomplice was adequately corroborated by independent evidence, including defendant’s possession of essential items for manufacturing methamphetamine; defendant’s statement to a passenger in the back of the patrol car that a store likely had ratted about the matchbook purchases; and the large quantity of matchbooks found discarded along the route defendant had just traveled. Kohlmeier v. State, 289 Ga. App. 709, 658 S.E.2d 261 (2008). Evidence was sufficient for the jury to find beyond a reasonable doubt that de- 378 16-4-1 CRIMINAL ATTEMPT, CONSPIRACY, & SOLICITATION fendant was guilty of criminal attempt to manufacture methamphetamine based on evidence that defendant was processing and in possession of methamphetamine oil and that defendant performed an act (processing and possession of methamphetamine oil) which constituted a substantial step toward commission of that crime. Womble v. State, 290 Ga. App. 768, 660 S.E.2d 848 (2008). There was sufficient evidence to support a defendant’s conviction for attempting to possess marijuana based on the evidence that the defendant solicited undercover officers and asked for marijuana and attempted to pay for the marijuana. The defendant’s rejection of the first bag the undercover officers gave did not establish abandonment of the crime since the defendant asked for a second bag. Collins v. State, 297 Ga. App. 364, 677 S.E.2d 407 (2009). Sufficient evidence was presented to the jury to support the defendant’s convictions for armed robbery, aggravated assault, burglary, criminal attempt to commit aggravated sodomy, and possession of a knife during the commission of a crime because the victim’s testimony alone was sufficient to support the convictions; regardless of any inconsistencies in the victim’s testimony, it was for the jury to assess witness credibility, and the jury chose to believe the victim’s identification of the defendant as the individual who committed the crimes Williams v. State, 300 Ga. App. 839, 686 S.E.2d 446 (2009). There was sufficient evidence to infer that a defendant had taken a substantial step, in violation of O.C.G.A. § 16-4-1, toward the manufacturing of methamphetamine by transporting most of the chemicals, tools, and supplies necessary to commit that crime. Davenport v. State, 308 Ga. App. 140, 706 S.E.2d 757 (2011). Evidence was sufficient to support the defendant’s conviction for attempted rape in violation of O.C.G.A. §§ 16-4-1 and 16-6-1(a)(1) because the victim’s testimony as to the defendant forcing his penis into her vagina against her will sufficed to sustain the attempted rape conviction. Gomez-Oliva v. State, 312 Ga. App. 105, 717 S.E.2d 689 (2011), overruled in part by Southall v. State, 300 Ga. 462, 796 S.E.2d 261 (2017). 16-4-1 Evidence was sufficient for a rational trier of fact to find the defendant guilty beyond a reasonable doubt of aggravated assault and attempted rape because under the circumstances the jury was authorized to conclude that the defendant’s actions, although circumstantial insofar as intent was concerned, provided sufficient evidence to establish that the defendant attempted to rape the victim; the defendant knocked the victim down and attempted to pull the victim into an isolated vacant lot and continued to do so despite the victim’s struggles and attempted escape. Wright v. State, 314 Ga. App. 353, 723 S.E.2d 737 (2012). Evidence that the defendant owned the house where the ingredients and equipment were found, the defendant talked to the codefendant about whether the codefendant should abscond and bought the codefendant a truck, and the defendant made a list of pharmacy directions for the codefendant so that the codefendant could avoid legal restrictions on the purchase of ingredients was sufficient to support a conviction for attempt to manufacture methamphetamine. Taylor v. State, 320 Ga. App. 596, 740 S.E.2d 327 (2013). Sufficient evidence supported the defendant’s conviction for criminal attempt to commit child molestation based on the evidence that the defendant thought the intended victim was a 15-year-old girl with whom the defendant continued to contact, engaged in sexually explicit conversations, and arranged to meet for a sexual encounter, and although the defendant introduced some evidence in the form of an e-mail to support the claim that the defendant believed the defendant was dealing with an adult, that evidence was not conclusive, and it was for the jury to determine the defendant’s truthfulness. Castaneira v. State, 321 Ga. App. 418, 740 S.E.2d 400 (2013). 3. Drug Offenses Attempted drug trafficking. — Evidence was sufficient to support a conviction of attempted trafficking in marijuana. A codefendant’s testimony at the codefendant’s trial and the codefendant’s statement to the police were admissible as prior inconsistent statements and consti- 379 Application (Cont’d) 3. Drug Offenses (Cont’d) tuted substantive evidence of the defendant’s participation in the attempted drug trafficking; furthermore, the codefendant’s statements were sufficiently corroborated under former O.C.G.A. § 24-4-8 (see now O.C.G.A. § 24-14-8) by the testimony of a case agent that a loaded pistol was found at the defendant’s feet and that a bag containing the currency used in the drug transaction was found within arm’s reach of the defendant. Green v. State, 298 Ga. App. 17, 679 S.E.2d 348 (2009). Sufficient evidence supported the defendant’s conviction for criminal attempt to commit trafficking in cocaine based on the trial evidence establishing that the defendant negotiated for and attempted to purchase one kilogram of cocaine from an undercover investigator, that the defendant took substantial steps and actively participated in the attempted drug offense by meeting with the undercover investigator at the designated location and at the arranged time for the purpose of conducting the transaction and by executing the bill of sale for a vehicle in exchange for the drug purchase, and by taking possession of the package of cocaine and cutting the package open to examine the contents. Tehrani v. State, 321 Ga. App. 685, 742 S.E.2d 502 (2013). Sufficient evidence existed to support the defendant’s conviction for attempted trafficking by manufacturing methamphetamine based on the evidence that the defendant lived at the residence wherein the meth lab was discovered as shown by the owner’s testimony and another witness who testified that the defendant slept at the home nightly and material used in the red phosphorous process for manufacturing methamphetamine was seized from the residence. Franks v. State, 325 Ga. App. 488, 758 S.E.2d 604 (2013). Evidence was sufficient to support both the defendants’ convictions for attempted trafficking by manufacturing methamphetamine because the evidence connected the defendants to the house and the rooms in which the manufacturing components and the items containing methamphetamine residue were found; 16-4-1 the police found lantern fuel in the house, which was commonly used as a solvent in methamphetamine labs; the chief of police, who was qualified as an expert witness, testified that the items seized appeared to have been used in the red phosphorous process for manufacturing methamphetamine; and a chemical odor associated with methamphetamine labs lingered around the house. Long v. State, 325 Ga. App. 488, 758 S.E.2d 604 (2013). Evidence insufficient to support a conviction for criminal attempt to manufacture methamphetamine. — Defendants were stopped for a traffic violation and had possession of an unopened bottle of Heet, one pack of cold pills containing pseudoephedrine, a large unopened bottle of iodine, and some plastic tubing which an officer testified that, based on training and experience, were ingredients used in the manufacture of methamphetamine. All of the items in defendants’ possession had recognized legal uses and were only a small portion of the ingredients and materials necessary to manufacture methamphetamine, and the quantity of each item was also only a small portion of the amount needed. Defendants’ possession of materials used in the manufacture of methamphetamine constituted mere preparation to commit the crime and was insufficient to support convictions for attempt to manufacture methamphetamine. Thurman v. State, 295 Ga. App. 616, 673 S.E.2d 1 (2008). Criminal attempt to sell drugs. — It was not error to charge the jury on attempt because there was evidence regarding defendant’s attempt to sell cocaine in the county in which defendant was charged before completing a purchase and sale in another county. Singleton v. State, 229 Ga. App. 135, 493 S.E.2d 556 (1997). Likelihood of success in concelaing drug evidence. — Evidence that defendant tried to slide a bag of marijuana into a pool table pocket in order to conceal it was sufficient to sustain conviction for attempting to tamper with evidence, and defendant’s reasonable ability to conceal the marijuana was irrelevant; the test was whether defendant performed an act which constituted a substantial step toward concealing the evidence, not 380 16-4-1 CRIMINAL ATTEMPT, CONSPIRACY, & SOLICITATION whether defendant was likely to succeed. Taylor v. State, 260 Ga. App. 890, 581 S.E.2d 386 (2003). Similar transaction evidence admissible in drug trial. — Based on the defendant’s position that the defendant was not involved with a methamphetamine laboratory, as well as the similarity of the defendant’s prior drug crime with criminal attempt to manufacture methamphetamine, the trial court did not abuse the court’s discretion in admitting the evidence of the defendant’s prior attempts to manufacture methamphetamine for the purpose of showing the defendant’s bent of mind and course of conduct; the trial court was authorized to find that the probative value of the similar transaction evidence outweighed its prejudicial effect, and the trial court provided jury instructions that limited consider- 16-4-2 ation of the similar transaction evidence to the appropriate purposes and provided guidance so as to diminish its prejudicial impact. Newton v. State, 313 Ga. App. 889, 723 S.E.2d 95 (2012). Trial court did not abuse the court’s discretion in admitting evidence of the defendant’s prior attempts to manufacture methamphetamine because the state needed the evidence of the defendant’s prior drug conviction to show the defendant’s bent of mind and course of conduct with respect to the methamphetamine offense at issue, criminal attempt to manufacture methamphetamine in violation of O.C.G.A. §§ 16-4-1 and 16-13-30(b); the defendant disclaimed any involvement with or knowledge of a methamphetamine laboratory. Newton v. State, 313 Ga. App. 889, 723 S.E.2d 95 (2012).