State v. Dye

Court of Appeals of Oregon

State v. Dye

686 P.2d 1042, 69 Or. App. 558, 1984 Ore. App. LEXIS 4092

CourtCourt of Appeals of Oregon

DecidedAugust 29, 1984

DocketJ81-3352; CA A30607

StatusPublished

This text of 686 P.2d 1042 (State v. Dye) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Dye, 686 P.2d 1042, 69 Or. App. 558, 1984 Ore. App. LEXIS 4092 (Or. Ct. App. 1984).

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Opinion

PER CURIAM

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.

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PER CURIAM

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.

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Bluebook (online)

686 P.2d 1042, 69 Or. App. 558, 1984 Ore. App. LEXIS 4092, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-dye-orctapp-1984.

Opinion

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