FORM 18. (Rule 32.1, NDRCrimP)
| STATE OF NORTH DAKOTA | IN DISTRICT COURT | |
| COUNTY OF ___________ | _________ JUDICIAL DISTRICT | |
| State of North Dakota, | ) | |
| ) | ||
| Plaintiff, | ) | NOTICE OF MOTION |
| ) | MOTION FOR DISMISSAL | |
| vs. | ) | AFFIDAVIT IN SUPPORT |
| ) | OF MOTION | |
| _________________________, | ) | ORDER FOR DISMISSAL |
| ) | ||
| Defendant. | ) | |
| Date of Birth: _______________ | ) | |
| Social Security No. __________ | ) | Criminal No. _________ |
| Address: _____________________ | ) | |
| _________________________ | ) | |
NOTICE OF MOTION
PLEASE TAKE NOTICE, the following motion will be decided without oral argument unless the plaintiff, State of North Dakota, requests oral argument, or the Court otherwise requires oral argument or an appearance.
MOTION FOR DISMISSAL
The defendant moves the Court for its order withdrawing the plea of guilty or setting aside the verdict of guilty and dismissing the charges as provided in Section 12.1-32-07.1(2) for a deferred imposition of sentence. This motion is made on the ground defendant has fulfilled the conditions of his or her probation.
AFFIDAVIT IN SUPPORT OF MOTION
I, ______________, being first duly sworn, state under oath:
1. I am the defendant in this matter in which imposition of sentence was deferred.
2. I have paid the following:
RESTITUTION: $___________
FINE/FEE: $___________
COSTS: $___________
3. I have committed no violations of the criminal law since imposition of sentence was deferred.
4. I have fully complied with and completed all conditions set forth by the Court in the attached Order Deferring Imposition of Sentence dated ______________.
For the reasons stated above, I respectfully request no sentence be imposed and this matter be dismissed under Section 12.1-32-07.1(2).
Dated this ______ day of _________, 19__.
_________________________
Defendant
Subscribed and sworn to before me this ______ day of ______________, 19__.
__________________________
Notary Public
_________ County, North Dakota
My Commission Expires: _______
ORDER FOR DISMISSAL
IT IS ORDERED the motion for withdrawal of the defendant's guilty plea or to set aside the verdict is granted and the above case is dismissed.
Dated this ______ day of _________, 19__.
_________________________
District Judge