Per Curiam.
Following a physical altercation with another man, Gary Allen Gibson was charged with one count of aggravated battery, two counts of criminal confinement by removal, and one count of battery resulting in serious bodily injury. A jury acquitted Gibson on one of the confinement counts, but convicted him on the other three counts. Due to double jeopardy concerns, the trial court entered judgment for only two counts, class B felony aggravated battery and class D felony criminal confinement. The trial court sentenced Gibson to sixteen years’ incarceration on the battery conviction and two and one-half years on the confinement conviction, with the sentences to be served concurrently.
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Gibson was charged with and convicted of confinement by removal under Indiana Code section 35-42-3-3(a)(2). [Footnote omitted.] Gibson’s charging information provided that he “did knowingly remove [the victim] by force or threat of force by pulling [the victim] to the ground and battering him.” [Record citations omitted throughout.] The jury instruction for this count mirrored the language of section 3(a)(2) of the statute.
We agree with Gibson that there was insufficient evidence to support his conviction for criminal confinement under section 3(a)(2). Accordingly, we grant transfer and reverse Gibson’s criminal confinement conviction and concurrent two and one-half year sentence. In all other respects we summarily affirm the Court of Appeals’ decision. See Ind. Appellate Rule 58(A)(2).
All Justices concur.