After a jury trial, Scotty P. Williams was convicted of armed robbery,1 two counts of aggravated assault,2 burglary,3 criminal attempt to commit aggravated sodomy,4 and possession of a knife during the commission of a crime.5 On appeal, Williams 1 challenges the sufficiency of the evidence as to each count; 2 argues that his trial counsel was ineffective; and contends that the trial court erred 3 by giving the level of certainty portion of the charge on the reliability of eyewitness identification, and 4 by failing to issue the mere presence charge as part of its charge to the jury. For the reasons that follow, we affirm. 1. Williams argues that the evidence was insufficient to support the convictions. Under Jackson v. Virginia , . . .6 the sufficiency of the evidence is measured by determining whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. It is solely within the purview of the jury to weigh conflicting evidence and judge the credibility of the witnesses.7 So viewed, the evidence presented at trial establishes that in the early morning hours of November 2, 1996, a man entered the home of 76-year-old Katherine Drake, who was asleep in bed at the time. Drake awoke to see the man standing over her, holding a knife, which she described as a steak knife with a dark handle and a blade approximately five inches in length. The man demanded that Drake give him money, and he followed her to the dining room, where she gave him $40. The man then ordered Drake back to the bedroom and demanded that she engage in sex with him. The man first told Drake to perform oral sex on him, to which she responded that she “would throw up if she had to do that.” The man forced Drake to fondle him while they were in the bedroom. Next, the man forced Drake into the living room and attempted to engage in intercourse with her, but could not complete the act and, instead, rubbed his erect penis between Drake’s legs. The man then left Drake’s home at approximately 3:00 a.m., and she called her daughter and then called the police.
Based on her description of the perpetrator, a photographic lineup was prepared, and she identified Williams’s photograph. Drake also identified Williams as her assailant at trial. Williams was convicted, and following the trial court’s grant of his motion to file an out-of-time motion for new trial, he appeals.
