¶1CONFESSION OF ERROR
¶2John Thurber (“the defendant”) was convicted on four counts of lewd assault and seven counts of capital sexual battery. He appeals his conviction on two of these *1084counts, counts 1 and 10, on the grounds that there was insufficient evidence to support his conviction on count 10 and that his conviction on both counts, 1 and 10, constitutes double-jeopardy. The State concedes, and we agree, that the evidence was insufficient to support the defendant’s conviction on count 10. Consequently, the defendant’s double-jeopardy argument is moot. The defendant’s conviction on count 10 is reversed.
¶3Reversed.