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STATE v. BACKUS

525 P.2d 1058 (1974)

STATE of Oregon, Respondent, v. Richard Lane BACKUS, Appellant.

Court of Appeals of Oregon.

Decided August 26, 1974.

Rehearing Denied September 25, 1974.

Review Denied November 1, 1974.

Attorney(s) appearing for the Case

Dean A. Heiling, Roseburg, argued the cause and filed the brief for appellant.

Doyle L. Schiffman, Dist. Atty., Roseburg, argued the cause for respondent. With him on the brief was Brian R. Barnes, Deputy Dist. Atty., Roseburg.

Before SCHWAB, C.J., and FORT and TANZER, JJ.

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...

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