29-26 Judgment and Sentence
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<![CDATA[CHAPTER 29-26JUDGMENT AND SENTENCE29-26-01. Judgment after conviction - Time. Superseded by N.D.R.Crim.P., Rule 32.29-26-02. Time specified for pronouncing judgment. Superseded by N.D.R.Crim.P.,Rule 32.29-26-03. Judgment - Where rendered. Judgment must be rendered in open courtunless for cause its rendition is deferred.29-26-04.Defendant's presence - Felony or misdemeanor.Superseded byN.D.R.Crim.P., Rule 43.29-26-05. Officer to produce defendant. When the defendant is in custody, the courtmay direct the officer in whose custody the defendant is to bring the defendant before it for<br>judgment, and the officer must do so accordingly.29-26-06.Bench warrant if defendant does not appear for judgment.If thedefendant has been discharged on bail, or has deposited money in lieu thereof, and does not<br>appear for judgment when the defendant's personal attendance is necessary, the court, in<br>addition to the forfeiture of the undertaking of bail or of money deposited, may direct the clerk to<br>issue a bench warrant for the defendant's arrest.29-26-07. Issuance of bench warrant - Duty of clerk. The clerk, on the application ofthe state's attorney, at any time after the order directing a bench warrant to be issued, whether<br>the court is sitting or not, shall issue a bench warrant into one or more counties.29-26-08. Form of bench warrant. Superseded by N.D.R.Crim.P., Rule 58.29-26-09. Bench warrant service. A bench warrant may be served in any county of thestate and in the same manner as a warrant of arrest.29-26-10. Disposition of defendant on arrest. Whether a bench warrant issued asprovided in section 29-26-06 is served in the county in which it was issued or in another county,<br>the officer shall arrest the defendant and bring the defendant before the court, or commit the<br>defendant to the officer mentioned in the warrant, according to the command thereof.29-26-11. Defendant informed of rights. When a defendant appears for judgment, thedefendant must be informed by the court, or by the clerk under its direction, of the nature of the<br>charge against the defendant, and of the defendant's plea, and the verdict, if any, thereon, and<br>must be asked whether the defendant has any legal cause to show why judgment should not be<br>pronounced against the defendant.29-26-12. Defendant may show cause against judgment. The defendant may showcause against pronouncement of judgment:1.That the defendant is insane;2.That the defendant has good cause to offer, either in arrest of judgment or for a new<br>trial, in which case the court may order the judgment to be deferred, and may<br>proceed to decide upon the motion in arrest of judgment or for a new trial;3.That the defendant is not the person against whom the verdict was rendered; or4.That the defendant has been pardoned of the offense for which judgment is to be<br>rendered.Page No. 129-26-13. Procedure when insanity alleged as cause for not pronouncing sentence.When the cause alleged for not pronouncing sentence is insanity, the court, if there is reasonable<br>ground to believe that the defendant is insane, shall postpone the pronouncement of judgment<br>and shall proceed to have the defendant's mental condition determined in the manner prescribed<br>in this title, so far as applicable, for the determination of the mental condition of a defendant<br>before or during trial. Whenever it is determined that the defendant is or has become sane, the<br>defendant must be brought before the court for judgment.29-26-14.Procedure when nonidentity or pardon is alleged as cause for notpronouncing sentence. When the reason alleged for not pronouncing sentence is that the<br>person brought before the court to be sentenced is not the person against whom the verdict was<br>rendered, or that the defendant has been pardoned of the offense charged, the court shall<br>postpone the pronouncement of judgment, if necessary, for the purpose of hearing evidence<br>relating to the identity or pardon of such person, and on proof of nonidentity or pardon, as the<br>case may be, shall discharge such person from custody, unless the person is in custody on some<br>other charge.29-26-15. Judgment rendered. Superseded by N.D.R.Crim.P., Rule 32.29-26-16. Court to hear evidence - Degree of crime. Upon a plea of guilty of a crimedivided into degrees, the court, if such plea is accepted and the defendant does not designate in<br>the defendant's plea the degree thereof, before passing sentence, shall determine the degree,<br>and the provisions, so far as applicable, of section 29-26-18 and of rule 32 of the North Dakota<br>Rules of Criminal Procedure shall govern in said determination.29-26-17. Extent of punishment - Aggravation or mitigation - Hearing. After a pleaor verdict of guilty, in a case when a discretion is conferred upon the court as to the extent of the<br>punishment, the court, upon the suggestion of either party that there are circumstances which<br>may be properly taken into view, either in aggravation or mitigation of the punishment, in its<br>discretion, may hear the same summarily at a specified time, and upon such notice to the<br>adverse party as it may direct.29-26-18. Evidence in aggravation or mitigation of punishment - How presented.Circumstances in aggravation or mitigation of punishment must be presented by testimony of<br>witnesses examined in open court, except when a witness is so sick or infirm as to be unable to<br>attend, that witness's deposition may be taken by a magistrate of the county out of court, at a<br>specified time and place, upon such notice to the adverse party as the court may direct, the<br>criminal record of the defendant furnished by the federal bureau of investigation or the state<br>superintendent of criminal identification and reports of the state parole office may be received by<br>the court without verification or other foundation, and, results of psychological testing and<br>psychiatric examination, certified in writing, may be received by the court without verification or<br>other foundation, subject to such inspection and confrontation of witnesses as the court may<br>permit or require in the interests of justice.29-26-19. Other evidence prohibited. Superseded by N.D.R.Crim.P., Rule 32.29-26-20. Successive terms of imprisonment. Repealed by S.L. 1973, ch. 116, </p>
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