750) (2009) (implicitly applying this standard to review the trial court’s determination of this issue), affirmed by State v. Smith, 286 Ga. 409 (688 SE2d 348) (2010). 4 Five other individuals were charged, including Joey Fountain, Matthew Waller, Brandon Braddy, Brent Braddy, and Kathy Rudd. 5 The slip was signed by Kathy Rudd. 6 (Citations omitted.) State v. Galloway, 270 Ga. App. 184, 185 (606 SE2d 273) (2004). 7 152 Ga. App. 190 (262 SE2d 492) (1979). 8 Id. at 191-192 (1). 9 See id. at 191-192 (1). See also Morrill v. State, 216 Ga. App. 468, 469-470 (2) (454 SE2d 796) (1995) (officer involved in burglary ring who assisted in crimes by monitoring police radio during the incidents while on duty was not protected by OCGA §§ 17-7-52 and 45-11-4). 10 See Wiggins, 280 Ga. at 270-271 (1) (<HOLDING>), citing State v. Lockett, 259 Ga. App. 179,
holding sexual assault by officer not within scope of employment even though officer on duty in uniform and serving warrant on woman he raped holding that a police officers words during an assault make clear that he was motivated by a protected ground holding that merger did not apply because sexual assault was not a lesser included offense of seconddegree kidnapping involving sexual assault holding that defendant was not resident of his mothers household even though his drivers license listed his mothers address and he received mail there because he expressed a belief that his residence was in a different location than his mothers home he rented and occupied his own residence and he testified that he was only living with his mother after expiration of his lease until he could find another place to live holding that an officer was protected by ocga  17752 and 45114 when he falsified his daily activity sheet to cover up a sexual assault he committed while on duty