DocketNumber: J81-3352; CA A30607
Citation Numbers: 1984 Ore. App. LEXIS 4092, 69 Or. App. 558, 686 P.2d 1042
Judges: Gillette, Joseph, Young
Filed Date: 8/29/1984
Status: Precedential
Modified Date: 11/13/2024
This is a criminal case in which defendant appeals his conviction for assault in the fourth degree, claiming that there was insufficient evidence to support a conviction. We agree. However, the evidence was sufficient to convict defendant of the lesser included offense of attempted assault in the fourth degree. See State v. Capwell, 52 Or App 43, 46-47, 627 P2d 905 (1981); Or Const, Art VII (Amended), § 3.
Reversed and remanded for entry of a new judgment and for resentencing.