Joseph Quenga was convicted of rape, sexual battery, false imprisonment, and two counts of kidnapping, all stemming from three separate incidents occurring on June 23, 2000, October 22, 2000, and December 12, 2000. Following the denial of his motion for new trial, he appeals, contending that the trial court erred in denying his motions for severance of the offenses, his motion for a directed verdict, and his request to charge on a lesser included offense. We find no error and affirm. On appeal from a criminal conviction, this court construes the evidence in a light most favorable to the jury’s verdict, and the defendant no longer enjoys a presumption of innocence. Hughes v. State , 266 Ga. App. 652 1 598 SE2d 43 2004. So construing the evidence, the record shows that Quenga was a Savannah police officer assigned to patrol duty in Precinct Three on the midnight shift. On June 23, 2000, Quenga was on duty when he pulled the first victim over on a traffic violation at approximately 3:00 a.m. The victim had just left a lounge where she had been drinking, and she acknowledged she crossed the white line. She admitted she had been drinking when asked. Quenga placed her in the back seat of his patrol car and transported her to Precinct Three, where he administered a breath test. The victim described the precinct as being “empty, there wasn’t a soul there.” Quenga “filled out some reports” and told the victim he would take her back to her car.
Instead, however, he drove past the victim’s car and took her to a dark, secluded area behind a hospital. When another patrol car approached, Quenga pushed the victim into a muddy ditch until the other officer had left. Quenga then instructed the victim to lie face down on the back seat of the patrol car, forced her to take her pants down, and raped her. He then drove her back to her car, threatened her, and followed her home. Quenga was eventually charged with rape and kidnapping of this victim.
