RULE 32.1. DEFERRED IMPOSITION OF SENTENCE
If the defendant fulfills the conditions of probation in a misdemeanor case in which imposition of sentence is deferred, the defendant's plea of guilty must be withdrawn or the verdict of guilty set aside, and the case dismissed. The clerk of court shall prepare the motion and order for dismissal, and submit them to the court for its signature immediately after expiration or termination of probation, and serve a copy of the motion upon the appropriate state's attorney.
Rule 32.1 was adopted, effective _________________.
The purpose of the rule is to provide uniformity in the processing of deferred impositions of sentence, and to prevent the disparity of treatment received by defendants depending upon their county of venue in misdemeanor cases. Dismissal is automatic under Rule 32.1 unless the State objects or files a petition for revocation of probation. To give the State time to object it is imperative the clerk of court submit the motion to the court and serve a copy upon the state's attorney immediately after expiration or termination of probation.
When deferring imposition of sentence, the judge should advise the defendant if the defendant fulfills the conditions of probation the guilty plea will be withdrawn, or the guilty verdict set aside, the case dismissed, and the file sealed. See Sections 12.1-32-07.1 and 12.1-32-07.2, N.D.C.C.
SOURCES: Procedure Committee Minutes of _____________________.