§ 12.1-32-11 — Merger of sentences - Sentencing for multiple offenses

North Dakota § 12.1-32-11

• Jurisdiction: North Dakota
• Title 12.1: Criminal Code
• Ch. 12.1-32: Penalties and Sentencing

Text

1. Unless the court otherwise orders, when a person serving a term of commitment
imposed by a court of this state is committed for another offense or offenses, the
shorter term or the shorter remaining term shall be merged in the other term. When a
person on probation or parole for an offense committed in this state is sentenced for
another offense or offenses, the period still to be served on probation or parole shall
be merged in any new sentence of commitment or probation. A court merging
sentences under this subsection shall forthwith furnish each of the other courts
previously involved and the penal facility in which the defendant is confined under
sentence with authenticated copies of its sentence, which shall cite the sentences
being merged. A court which imposed a sentence which is merged pursuant to this
subsection shall modify such sentence in accordance with the effect of the merger.
2. Repealed by S.L. 1977, ch. 129, § 1.
3. When sentenced only for misdemeanors, a defendant may not be consecutively
sentenced to more than one year, except that a defendant being sentenced for two or
more class A misdemeanors may be subject to an aggregate maximum not exceeding
that authorized by section 12.1-32-01 for a class C felony if each class A misdemeanor
was committed as part of a different course of conduct or each involved a substantially
different criminal objective.