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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 2451 SEPTEMBER TERM, 2001

ADAM STARKEY v. STATE OF MARYLAND

Davis, Kenney, Greene, JJ.

Opinion by Kenney, J.

Filed: November 6, 2002

Adam Starkey, appellant, entered a plea of not guilty and proceeded to trial on an agreed statement of facts. The trial

court found appellant guilty of a third degree sexual offense and sentenced him to eighteen months, all of which were suspended, two hundred hours of community service, and one year of probation. appeal, appellant raises two issues, which we have On

slightly

reworded: I. Was the evidence sufficient to sustain appellant's conviction for a third degree sexual offense? Did the court err in denying appellant's motion to dismiss the charging document because he should have been charged with unnatural or perverted sexual practices?

II.

We shall answer the first question in the affirmative, the second in the negative, and affirm the judgment of the circuit court. FACTUAL AND PROCEDURAL BACKGROUND A two-count criminal information charged appellant with a third degree sexual offense, in violation of Md. Code (1957, 1996 Repl. Vol., 2001 Supp.), Article 27,

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