
    John THURBER, a.k.a., Phillip Means, Appellant, v. The STATE of Florida, Appellee.
    No. 97-2672.
    District Court of Appeal of Florida, Third District.
    Oct. 21, 1998.
    Bennett H. Brummer, Public Defender, and Andrew M. Teschner, Special Assistant Public Defender, for appellant.
    Robert A. Butterworth, Attorney General, and Sandra S. Jaggard, Assistant Attorney General, for appellee.
    Before SCHWARTZ, C.J., and GERSTEN and GREEN, JJ.
   CONFESSION OF ERROR

PER CURIAM.

John 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 counts, 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.

Reversed.  