North Dakota v. Overholt
Annotate this CaseMatthew Overholt appealed a district court order modifying its order deferring imposition of sentence. In November 2017 Overholt was charged with misdemeanor minor in possession or consumption of alcohol. In December 2017 he pled guilty. The district court entered an order deferring imposition of sentence and placed him on unsupervised probation with an end date of November 30, 2018, and with the condition that he violate no criminal laws during the probation term. The court further ordered that sixty-one days after termination of his unsupervised probation, Overholt’s guilty plea would be withdrawn, the case dismissed, and the file sealed. In April 2018 Overholt was charged with a second misdemeanor minor in possession or consumption of alcohol. In May 2018 he pled guilty in the second case, and the court entered an order deferring imposition of sentence, and placed him on unsupervised probation for three months. Overholt completed the term of unsupervised probation in the second case. Under the order deferring imposition of sentence in that case, on October 13, 2018, his guilty plea was withdrawn, the case dismissed, and the file was to have been sealed. In December 2018 the State moved the district court to modify the order deferring imposition of sentence in this case on the basis of his offense and guilty plea in the second case. The State requested Overholt’s guilty plea in this case not be withdrawn, the case not be dismissed, and the file not be sealed. On December 31, 2018, the court granted the State’s motion. The North Dakota Supreme Court reversed because the district court erred in relying on the second case that had been automatically dismissed to modify its order in this case, and because the State presented no other evidence supporting its motion.
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