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18 Or. App. 513

State v. Backus

Court of Appeals of Oregon

Decided August 26, 1974

Court of Appeals of Oregon · decided 1974-08-26

Decided 1974-08-26

PER CURIAM.

¶1Defendant was convicted of a violation, ORS 167.-207 (3). The judgment order erroneously recited:

“It is hereby ADJUDGED that *514BACKUS is GUILTY of the crime of ‘CRIMINAL ACTIVITY IN DRUGS’ (Emphasis supplied.)

¶2ORS 161.565 provides:

“An offense is a violation if it is so designated in the statute defining the offense or if the offense is punishable only by a fine, forfeiture, fine and forfeiture or other civil penalty. Conviction of a violation does not give rise to any disability or legal disadvantage based on conviction of a crime.”

¶3Thus it follows that an amended order deleting the word “crime,” and substituting the word “violation,” must be entered.

¶4Remanded.

¶5Other issues were raised on appeal. They do not warrant discussion.

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