State v. Backus

525 P.2d 1058, 18 Or. App. 513, 1974 Ore. App. LEXIS 990
Court of Appeals of Oregon·Decided August 26, 1974·No. No. 74-134·Published·Cited by 1 cases

Opinion

PER CURIAM.

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

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

ORS 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.”

Thus it follows that an amended order deleting the word “crime,” and substituting the word “violation,”

Footnotes

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State v. Backus, 525 P.2d 1058, 18 Or. App. 513, 1974 Ore. App. LEXIS 990 (Or. Ct. App. 1974).

525 P.2d 1058 (State v. Backus) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

State v. Payzant
574 P.2d 677 (Court of Appeals of Oregon, 1978)