James Ernie Blanton was indicted on two counts of child molestation and two counts of enticing children for indecent purposes. A jury found Blanton guilty on all fоur counts, but the trial court merged the counts of child molestation and enticing children for indecent purposes stemming from the same incidents. Appellant appeals from his conviction.
The record reveals that on at least two different occasions, while driving his truck in residential areas appellant stopped and exposed himself to a child under 14 years of age and asked the child to get in the truck and go with him. The children describеd appellant and the truck, and appellant was apprehended after the mother of one of the children noticed a truck which mаtched the description her child had given, followed the truck, wrote down the tag number, and gave the information to the sheriffs department. After apрellant was arrested, he gave a statement in which he admitted exposing himself to the children.
1. Appellant enumerates the general grounds, arguing that the crime of child molestation requires specific intent, which was not shown by the State. OCGA § 16-6-4 (a) provides that “[a] person commits the offense of сhild molestation when he does any immoral *455 or indecent act to or in the presence of or with any child under the age of 14 years with the intent to аrouse or satisfy the sexual desires of either the child or the person.” In this case, the trial court charged the jury that they must find an intent on appellаnt’s part to arouse his own sexual desires in order to convict appellant of child molestation. The court also instructed the jury that they “may find such intention, or the absence thereof, upon a consideration of words, conduct, demeanor, motive, and other circumstances cоnnected with the act for which the accused is being prosecuted.” At appellant’s request, the trial court also charged the jury as to publiс indecency.
A reviewing court will not disturb a factual determination by the jury on intent unless it is contrary to the evidence and clearly erroneous.
Thomas v. State,
2. Appellant contends the trial court erred by refusing to allow a psycholоgist to give his opinion that, in exposing himself, appellant did not act with sexual intent. The record reveals that Dr. James Thomas, a licensed clinical psychologist, testified that he interviewed appellant, administered certain psychodiagnostic tests, and concluded that appellаnt was an exhibitionist. Although Dr. Thomas was not permitted to respond when asked on redirect examination whether, based on his information, training, and knowledgе “he had formed any opinion as to whether or not [appellant] had sexual intent in the act he was performing here,” he had already resрonded on direct examination to the question “[w]as there any sexual desire or sexuality involved in the acts that [appellant] committed, in your оpinion?” by saying: “[n]o.” Accordingly, although it may have been error to prevent Dr. Thomas’ answer to the question on redirect examination, see
Smith v. State,
*456
3. We find no merit in appellant’s contention that the trial cоurt erred by charging the jury that the required intent could be inferred by the jury from appellant’s actions. Appellant has failed to cite any authority for this enumeration, and it is thus deemed abandoned pursuant to this Court’s Rule 15 (c) (2).
Smith v. State,
4. Appellant finally asserts as error thе ineffectiveness of his trial counsel in failing to communicate to him the State’s offer of a plea bargain. We find that in this regard appellant has failed to meet the two-part test set forth in
Strickland v. Washington,
Pretermitting the question of whether appellant has satisfied the first part of the Strickland test, he has not satisfied the second part because there is no inference from the evidenсe that he “would have accepted the offer as made or something similar.” Appellant has made no evidentiary showing whatsoever on this question, other than an affidavit stating that he learned after the trial that an offer had been made and that it had not been communicated to him. Therе is no indication, even in appellant’s affidavit, that he would have accepted *457 the offer, and the record does not indicate what thе offer was or whether it was substantially more favorable than the eventual outcome. We also note that this case, having been filed originally in thе Supreme Court, was transferred to this court when the Supreme Court rejected this enumeration, citing Lloyd, supra. Accordingly, we find no ground for reversal here.
Judgment affirmed.
