Candice A. Lambert and her mother, April L. Schaub, were convicted in a joint trial of theft by taking. The trial court sentenced each defendant to eight years on probation, but ordered Schaub to serve the first ninety days in jail. On appeal from the orders denying their respective motions for new trial, each defendant contends that the evidence is insufficient to support her conviction. We disagree and affirm both convictions, consolidating the appeals for disposition in a single opinion. On appeal from a criminal conviction, the evidence must be viewed in the light most favorable to the verdict, and the defendant no longer enjoys the presumption of innocence; moreover, an appellate court does not weigh the evidence or determine witness credibility but only determines whether the evidence is sufficient under the standard of Jackson v. Virginia .1 Conflicts in the testimony of the witnesses, including the state’s witnesses, is 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. The testimony of a single witness is generally sufficient to establish a fact.2 Construed most favorably to uphold the jury’s verdict, the evidence shows that on June 6, 2007, Jeffery Jordan, an automobile technician, cashed his paycheck of $2,552.62. Jordan testified that he put the cash in his wallet, which was so full that he had to put a rubber band around it to keep it closed. Three days later, on Saturday, Jordan and his girlfriend, Veronica Malfatone, who refer to each other as husband and wife, had a cookout at their home. Jordan testified that he had his wallet in his pants. Due to the heat, Jordan went inside to change into shorts, leaving his wallet in his pants on his bedroom floor. The first guest to arrive was Lisa Wellons, a friend of Jordan’s adult daughter, Celita. Schaub, her three-year-old daughter, P. S., and Lambert accompanied Wellons. P. S. played with K. J., Jordan’s five-year-old daughter. Celita and her boyfriend, Ernie, came over later in the evening.
Jordan testified that during the evening, he and Veronica were sitting around a table with Schaub, Lambert, and Wellons, who was passed out drunk. Refreshments were running low, and Veronica decided to go to the store. Jordan told Veronica that his money was in his wallet in his pants on the bedroom floor and that she should take some of that money to buy drinks. Schaub and Lambert were present during this conversation. Veronica did not get money from inside the house, however; she used a debit card instead. After she returned home, Schaub and Lambert asked to use Jordan’s bathroom. They stayed inside approximately ten minutes. During this time, K. J. and P. S. were inside the house. Celita and Ernie stayed outside.
