State v. Dye
686 P.2d 1042, 69 Or. App. 558, 1984 Ore. App. LEXIS 4092
Opinion
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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State v. Dye, 686 P.2d 1042, 69 Or. App. 558, 1984 Ore. App. LEXIS 4092 (Or. Ct. App. 1984).
686 P.2d 1042 (State v. Dye) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
State v. Capwell
627 P.2d 905 (Court of Appeals of Oregon, 1981)