A Cobb County jury found Uribe Cesar Mora guilty of rape, statutory rape, and two counts of child molestation for sexually abusing his wife’s twelve-year-old sister, N. P. The trial court merged the statutory rape conviction into the rape conviction and sentenced Mora to life imprisonment. Concurrent with the life sentence, the court also imposed a twenty-year sentence for the child molestation convictions. On appeal, Mora claims that the trial court erred 1 in denying his motion for a directed verdict, 2 in admitting his custodial statements, and 3 in denying his motion for new trial on grounds of ineffective assistance of trial counsel. For the reasons which follow, we disagree and affirm. 1. Mora argues that the trial court erred in denying his motion for a directed verdict of acquittal on the rape charge because there was no evidence of force as required by OCGA § 16-6-1. We disagree. The standard of review for the denial of a motion for directed verdict of acquittal is the same as that for reviewing the sufficiency of the evidence to support a conviction. Under that standard we view the evidence in the light most favorable to the jury’s verdict and determine whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Conflicts in the testimony of the witnesses, including the state’s witnesses, are a matter of credibility for the jury to resolve.1 So viewed, the evidence shows that in September 2003, N. P. and her mother moved into an apartment with Mora and his wife Jasmine, N. P.’s sister. According to N. P., Mora molested her several times in October 2003. During the first incident, Mora touched N. P.’s breasts, buttocks, and vagina. Approximately one week later, Mora approached N. P. while her mother and sister were at work and asked her to have sex with him. When N. P. refused, Mora offered to pay her. N. P. again refused and Mora grabbed her hands, threw her on the sofa, and kissed her. Mora then removed N. P.’s pants and had sex with her. N. P. testified that she was crying and telling Mora “no” and “to leave her in peace” and that Mora told her that if she told anybody they would get “run out of the apartment.” N. P. testified that she was scared and that Mora had sex with her at least two more times that month. On another occasion, Mora came into his bedroom where N. P. and her two-year-old nephew were watching television and put in a pornographic movie. Mora then put on a condom and told N. P. to masturbate him. N. P. eventually told her mother and stepfather that Mora raped her, and they reported it to the police.
Detective Ralph Escamillo of the Cobb County Police Crimes Against Children Unit investigated the report made by N. P.’s mother and stepfather, and interviewed N. P. During the interview, N. P. told Escamillo that Mora raped her three times; that Mora forced N. P. to masturbate him; and that Mora gave N. P. $150. After interviewing N. P., Escamillo executed a search of Mora’s apartment, where he recovered a pornographic videotape. Mora was arrested at the apartment and taken to the police station, where Escamillo read him his Miranda rights in Spanish and then conducted a taped interview. During the interview, Mora initially told Escamillo that N. P. was lying, but then changed his story and explained that N. P. masturbated him and that he had sex with her twice because she “came onto him.” Mora also stated that he gave N. P. $50 the first time they had sex.
