Michael Robertson was charged by a Forsyth County grand jury with kidnapping with bodily injury, rape, two counts of aggravated child molestation, and aggravated sexual battery. A jury found him guilty on all counts and judgment of conviction and sentence were entered on the jury’s verdict.1 Robertson’s out-of-time motion for new trial was denied after hearing, and this appeal ensued. In his brief, Robertson lists eight enumerations of error. Because we find no merit in any of them, we affirm the judgment. The evidence presented at trial showed that the victim, a 15-year-old patient at an Atlanta hospital, left the hospital and wandered through the surrounding neighborhoods trying to find a way back to her home in Florida. She accepted a ride from a man driving a white van marked with a business logo. The victim identified Robertson in a photographic lineup and later in court as the driver of the van. Robertson, a plumber, was in the area on a repair call. After picking the victim up, he drove to Lake Lanier. Although the victim wanted to go home, she agreed to spend the night with Robertson when he assured her he would find her a ride home. Robertson bought her dinner, and at his home they watched a movie. The victim consented to Robertson’s offer to massage her back, but became “very scared” when he “reached up under” her shirt and “grabbed” her breast. She informed Robertson that she wanted to leave immediately. He promised the victim he would not touch her “like that” again if she stayed. She insisted on leaving, however, and Robertson finally agreed to take her to find a ride home.
They drove to a truck stop, where Robertson attempted unsuccessfully to find a truck headed for Florida. On the pretext of finding another truck stop, he drove down a road on which they had previously stopped “to watch the sunset.” Robertson stopped the van and told her “I’m not going to hurt you. I’m just going to have sex with you.” He covered the victim’s mouth with his hand to stop her from screaming, until she couldn’t breathe. When he removed his hand and the victim still struggled, he hit her on the nose with his fist and drew blood. The victim testified that when he threatened to take her outside and tie her up she realized that “the only thing left was to survive,” and she became limp and submitted.
