RULE 32.1. DEFERRED IMPOSITION OF SENTENCE
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 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the judge should advise the defendant if the defendant fulfills the conditions of probation the guilty plea will be withdrawn, or the guilty verdict set aside, the case dismissed, and the file sealed.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 Section 12.1-32-07.1 and 12.1-03-07.2, N.D.C.C.
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 Rule 32(b), N.D.R.Crim.P. See N.D.C.C. § 12.1-32-02(4); State v. Trosen, 547 N.W.2d 735, 737 n.1 (N.D. 1996).
SOURCES: Procedure Committee Minutes of January 29-30, 1990, pages 14-17; September 25-26, 1997, pages 8-10.