A jury found Marco Antonio Morales guilty of kidnapping, false imprisonment, aggravated assault committed by a motor vehicle, family violence battery by striking, family violence battery by choking, possession of cocaine, criminal trespass by damage to property, harassing phone calls, and two counts of stalking. Morales was found not guilty of aggravated assault allegedly committed with a box cutter, and the trial court directed a verdict of not guilty as to theft by taking. Morales appeals, alleging the evidence is insufficient to support the jury’s verdict, the trial court erred in its admonishment of the victim during her testimony and in questioning the victim during her testimony, trial counsel rendered ineffective assistance of counsel in failing to object to the trial court’s admonishment and questioning of the victim, and the trial court erred in admitting into evidence state’s exhibits 4 and 21. We find no reversible error and affirm Morales’ convictions. 1. On appeal from a criminal conviction, we view the evidence in the light most favorable to support the jury’s verdict, and the defendant no longer enjoys a presumption of innocence; moreover, this Court determines evidence sufficiency and does not weigh the evidence or determine witness credibility.1 “The credibility of witnesses, including the victim, and the weight to be given their testimony, are matters within the province of the trier of fact.”2 As long as there is some evidence, even though contradicted, to support each necessary element of the state’s case, this Court will uphold the jury’s verdict.3
Viewed in this light, the evidence showed that the victim was Morales’ wife on the dates alleged in the indictment.4 However, they were estranged and not living together at the time. On March 19, 2005, the victim called police when Morales confronted her at her house and argued with her about a boyfriend he had supposedly heard about. When the argument escalated, the victim fled the house, and Morales subsequently left with the baby in her car. The victim returned to the house when the police arrived and discovered that her house had been “destroyed”: the refrigerator, stereo system and table had been knocked over. Morales later returned to the house and admitted causing the damage. After the victim kicked him out of the house, Morales began making threatening phone calls. The police were called again when the victim heard someone kicking the doors and breaking a window. Morales admitted causing the damage and turned himself in to police.
