Following a jury trial, Steve John Lemming appeals his conviction of two counts of aggravated assault1 and one count of criminal attempt to commit armed robbery,2 contending that: 1 the evidence was insufficient to support his convictions; and 2 he received ineffective assistance of counsel.3 For the reasons set forth below, we affirm. 1. Lemming maintains that the evidence was insufficient to support his convictions. The standard of review is well-settled. On appeal from a criminal conviction, the evidence must be construed in the light most favorable to the jury’s verdict, and the defendant no longer enjoys the presumption of innocence. An appellate court does not weigh the evidence or judge the credibility of the witnesses but only determines whether the evidence to convict is sufficient under the standard of Jackson v. Virginia . Conflicts in the testimony of the witnesses, including the State’s witnesses, are a matter of credibility for the jury to resolve. So long as there is some competent evidence, even though contradicted, to support each element of the State’s case, the jury’s verdict will be upheld.4 Viewed in this light, the record shows that, on the evening of April 10, 2002, Lemming jumped behind the counter at a Waffle House restaurant and attacked a waitress, Elizabeth Sutton, placing a filed-down “pocket paring knife” against her neck. Sutton screamed, and when Darryl Finley, the cook, approached, Lemming warned, “I’ll stick her. I’ll stick her” and “poked the knife in her face.” Responding “the “f” you will,” Finley hit Lemming with a broom and tried to pull Sutton away from Lemming. Lemming then jabbed the knife at Sutton and, in the process, cut Finley’s finger. Finley then punched Lemming with his left hand. After a few more swings of the broom, Lemming ran from the restaurant, and Finley chased after him but failed to catch up to him.
After the incident, police who responded to the scene found Lemming in the woods behind the restaurant. When asked about the knife, Lemming responded, “I tossed it when I ran into the woods.” Following the reading of his Miranda rights, Lemming admitted that he had attempted to rob the restaurant and that he had put a knife to a waitress’s throat.
