State v. Backus ( 1974 )

PER CURIAM.

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,”^① must be entered.

Remanded.

① Other issues were raised on appeal. They do not warrant discussion.