Cunningham v. State

OPINION

KIRSCH, Judge.

Henry Cunningham was convicted and sentenced for confinement1 as a Class B felony and battery2 as a Class C felony. Cunningham raises two issues, one of which we find dispositive and restate as: whether there was sufficient evidence to prove he committed the offense of confinement.

We reverse and remand with instructions.

FACTS AND PROCEDURAL HISTORY

On March 27, 2006, Susan Cunningham (Cunningham’s wife) and her friend Lisa Blackman were at the Cunninghams’ home in Marion County, Indiana. Susan and Lisa went to an AA meeting that day, and on the way home, Lisa had to take…