Derrick V. Dean appeals his conviction of aggravated battery. Dean argues that the evidence does not support his conviction, that the trial court erred in instructing the jury and that he received the ineffective assistance of trial counsel. Although we find that the evidence was sufficient to support the conviction, we conclude that the trial court erred in instructing the jury and that the error was not harmless. Therefore, we reverse Dean’s conviction. We accordingly do not reach Dean’s claim of ineffective assistance of trial counsel. 1. Dean argues that the evidence is insufficient to support his aggravated battery conviction. “On appeal from a criminal conviction, a defendant no longer enjoys the presumption of innocence, and the evidence is viewed in the light most favorable to the guilty verdict.” Punctuation omitted. Goss v. State , 305 Ga. App. 497 699 SE2d 819 2010. We neither weigh the evidence nor assess the credibility of witnesses, but merely ascertain whether the evidence is sufficient to prove each element of the crime beyond a reasonable doubt. Moreover, conflicts in the testimony of the witnesses are a matter of credibility for the jury to resolve. As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the state’s case, the jury’s verdict will be upheld. Vaughn v. State , 301 Ga. App. 391 687 SE2d 651 2009.
Viewed in this light, the evidence shows that at the time of the incident, Cynthia Belton and Dean were friends who lived together. Belton asked Dean to straighten up a closet and to leave the apartment. Dean approached Belton while she was washing in the bathroom and hit her “on her right side with a belt.” That made Belton angry, so she retrieved a stick they kept under the bed for protection, intending to use it to chase Dean out of the apartment. Dean walked away toward the kitchen, but Belton followed him, yelling at him and threatening him with the stick. Dean grabbed the stick from Belton, so she picked up her cane and hit Dean on his hand. Dean then hit Belton on the left hand with the stick. Thereafter, she could not hold anything in her left hand.
