Summary
In State v. Backus, 18 Or. App. 513, 525 P.2d 1058, rev den (1974), defendant was indicted under ORS 167.207(3) for possessing less than an ounce of marihuana.
Summary of this case from State v. PayzantOpinion
No. 74-134
Argued August 21, 1974
Remanded August 26, 1974 Reconsideration denied September 25, 1974 Petition for review denied November 1, 1974
Appeal from Circuit Court, Douglas County.
CHARLES S. WOODRICH, Judge.
Dean Heiling, Roseburg, argued the cause and filed the brief for appellant.
Doyle L. Schiffman, District Attorney, Roseburg, argued the cause for respondent. With him on the brief was Brian R. Barnes, Deputy District Attorney, Roseburg.
Before SCHWAB, Chief Judge, and FORT and TANZER, Judges.
REMANDED.
Defendant was convicted of a violation, ORS 167.207 (3). The judgment order erroneously recited:
"It is hereby * * * ADJUDGED that * * * 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," must be entered.
Other issues were raised on appeal. They do not warrant discussion.
Remanded.