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.