RULE 32.1. DEFERRED IMPOSITION OF SENTENCE
Effective Date: 3/1/1999
Obsolete Date: 3/1/2006
An order deferring imposition of sentence for an infraction or a misdemeanor must provide for withdrawal of the defendant's plea of guilty, or for the verdict of guilty to be set aside, the case to be dismissed, and 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 March 1, 2006; March 1, 2012; March 1, 2019; August 1, 2021.
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.
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the judge should advise the defendant if the defendant fulfills the conditions of probation the guilty plea will be withdrawn, or the guilty verdict set aside, the case dismissed, and the file sealed.
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).
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 March 1, 2006, 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.
Rule 32.1 was amended, effective August 1, 2021, to clarify that a petition seeking revocation of probation or modification of an order deferring imposition of sentence must be filed no later than 60 days after expiration or termination.
Rule 32.1 was amended, effective March 1, 2019, to delete language that made the rule applicable only in misdemeanor and infraction cases. Under the amendment, the rule applies in all cases in which an order deferring imposition of sentence was entered.
SOURCES: Joint Procedure Committee Minutes of January 28, 2021, pages 6-10; September 26, 2019, pages 19-20; April 27, 2018, pages 6-7; September 23-24, 2010, pages 23-24; January 27-28, 2005, page 29; January 29-30, 1998, pages 14-17; September 25-26, 1997, pages 8-10.
STATUTES AFFECTED:
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).