RULE 32.1. DEFERRED IMPOSITION OF SENTENCE
An Unless the court orders otherwise, an order deferring imposition of sentence for an infraction or a misdemeanor must provider require that:
for withdrawal of the defendant's guilty plea of guilty be withdrawn, or for the guilty verdict of guilty to be set aside ,:
(b) the case
to be dismissed ,: and
(c) the file
to be sealed 61 days after expiration or termination of probation , unless otherwise ordered by the court.
Rule 32.1 was amended, effective_______________.
Rule 32.1 was adopted, effective March 1, 1999. 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.
See Appendix Form 8.
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the judge should advise the defendant if the defendant fulfills the conditions of probation the guilty plea will be withdrawn, or the guilty verdict set aside, the case dismissed, and the file sealed.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 N.D.C.C. §§ 12.1-32-07.1 and 12.1-32-07.2.
An order deferring imposition of sentence is not a judgment. However, for purpose of appeal, an order deferring imposition of sentence is equivalent to a judgment under N.D.R.Crim.P. 32(b).
See N.D.C.C. § 12.1-32-02(4); State v. Trosen, 547 N.W.2d 735, 737, n.1 (N.D. 1996).
This rule does not follow Fed.R.Crim.P. 32.1, which deals with revoking or modifying probation or supervised release.
Rule 32.1 was amended, effective ______________, in response to the December 1, 2002, revision of the Federal Rules of Criminal Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
SOURCES: Joint Procedure Committee Minutes of January 27-28, 2005, pages _____; January 29-30, 1998, pages 14-17; September 25-26, 1997, pages 8-10.
CONSIDERED: N.D.C.C. §§ 12.1-32-02, 12.1-32-07.1, 12.1-32-07.2.
CROSS REFERENCE: N.D.R.Crim.P. Form 8 (Order Deferring Imposition of Sentence).