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Committee backs clarifying change that misdemeanors deemed for short felony sentences are Class A
Summary
The committee voted to clarify that when a defendant is sentenced to 360 days or less on a felony sentence the disposition is a Class A misdemeanor and that sentencing authorities should apply Class A misdemeanor penalties and supervision lengths.
The committee considered House Bill 1059, an amendment to subsection 9 of section 12.1‑32‑02 of the North Dakota Century Code that clarifies the level and penalties applicable when a defendant is convicted of a felony but the court sentences imprisonment for 360 days or less.
Tom Earhart, chief of parole, probation and pretrial services, told the committee the existing statute allows a felony to be reduced…
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