FORM 8. (NDRCrimP)
STATE OF NORTH DAKOTA IN DISTRICT COURT
COUNTY OF _______
_______ JUDICIAL DISTRICT
The State of North Dakota, )
) ORDER DEFERRING IMPOSITION
Plaintiff, ) OF SENTENCE
vs. ) Criminal No. _______
)
_________________________,
Defendant. )
On ______, 19__, __________________ (Month) (day), (year), ___________________ County State's Attorney and the above-named defendant appeared in person (with _____________ as) (without) _________ counsel, for pronouncement of judgment upon a (plea) (verdict) of guilty to the offense of:
The defendant was asked by the court whether (he) (she) had any statement to make in (his) (her) own behalf or wished to present any information in mitigation of punishment or which would require the court to withhold pronouncement of judgment and sentence. The court found no sufficient cause why judgment should not be pronounced,
IT IS ORDERED imposition of sentence of the defendant be deferred under N.D.C.C. § 12.1-32-02(4) for a period of _______ beginning at 12:00 noon on the ________________ day of ________, 19 __ (Month) (day), (year).
IT IS FURTHER ORDERED during the period of deferment, the defendant be (on supervised probation subject to the supervision, management and control of the North Dakota Department of Corrections and Rehabilitation and its officers) (on unsupervised probation), and subject to the conditions (in attached Appendix A) (following: ______________). A violation of the rules or conditions may result in revocation and termination of probation.
(*IT IS FURTHER ORDERED, 61 days after expiration or termination of probation, the guilty plea is withdrawn or the guilty verdict set aside, the case dismissed, and the file sealed under N.D.C.C. § 12.1-32-07.1 and 12.1-32-07.2, unless otherwise ordered.)
Dated this ________________ day of, 19__ (Month) (day), (year).
BY THE COURT:
__________________________
DISTRICT JUDGE
*[The alternative language is for an order deferring imposition of sentence for an infraction or a misdemeanor. See Rule 32.1, N.D.R.Crim.P.]