After a jury trial, Phillip Gioia was convicted of two counts of child molestation and one count of aggravated child molestation. He appeals, raising challenges to the sufficiency of the evidence and the sentences imposed by the trial court. We affirm the convictions, but vacate the sentence for the aggravated child molestation conviction, and remand for re-sentencing as to that count. 1. Gioia claims that the trial court erred in denying his motion for a directed verdict of acquittal. The standard of review for such a denial is the same as that used for determining the sufficiency of the evidence to support a conviction.1 In making that determination, we view the evidence in the light most favorable to the verdict, and the appellant no longer enjoys the presumption of innocence. We neither weigh the evidence nor assess the credibility of witnesses, but merely ascertain that 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.2 Viewed in favor of the verdict, the evidence in this case shows that Gioia was married to the mother of 10-year-old B. G. and 8-year-old L. G. In October 2006, B. G. gave a note to her mother indicating that Gioia had been molesting L. G. The mother contacted authorities, and during an interview with a child advocate, L. G. stated that Gioia had massaged her breasts and genitals with his hands, and had kissed her on her mouth and “private parts.” At trial, L. G. testified that on several occasions Gioia had kissed her on the mouth, and had touched her with her pants pulled down in ways that she did not like.
B. G. was also interviewed by the child advocate, and told her that Gioia had kissed her with his tongue, had fondled her private area, and had pressed his genitals against hers. B. G. testified at trial that Gioia had kissed her in her private area and had also fondled her. She further testified that she had seen Gioia kissing L. G. on her private area with her pants pulled down.
