State v. Backus
525 P.2d 1058, 18 Or. App. 513, 1974 Ore. App. LEXIS 990
This text of 525 P.2d 1058 (State v. Backus) 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. Backus, 525 P.2d 1058, 18 Or. App. 513, 1974 Ore. App. LEXIS 990 (Or. Ct. App. 1974).
Opinion
Defendant was convicted of a violation, ORS 167.-207 (3). The judgment order erroneously recited:
“It is hereby * * * ADJUDGED that * * * [514]*514BACKUS 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,”
Remanded.
Other issues were raised on appeal. They do not warrant discussion.
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Related
State v. Payzant
574 P.2d 677 (Court of Appeals of Oregon, 1978)
Cite This Page — Counsel Stack
Bluebook (online)
525 P.2d 1058, 18 Or. App. 513, 1974 Ore. App. LEXIS 990, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-backus-orctapp-1974.