State v. Helland

Citations

• 2025 ND 63

Syllabus

A district court has inherent power to take judicial notice in a preliminary proceeding where the rules of evidence do not apply, provided certain standards are met. The requirement in N.D.C.C. § 62.1-02-01(1)(b) that the predicate misdemeanor offense be \committed while using or possessing a firearm\ does not require the use or possession of a firearm be an element of the predicate offense. Moreover, the requirement in section 62.1-02-01(1)(b) that the predicate misdemeanor offense be \committed while using or possessing a firearm\ does not require the use or possession of the firearm in committing the predicate offense be proven or admitted to in the predicate criminal action. 0n a prosecution under N.D.C.C. § 62.1-02-01(1)(b), the State has the burden to prove the defendant used or possessed a firearm when the defendant committed the predicate offense. Under N.D.C.C. § 62.1-02-01(2)(b), a \conviction\ includes a deferred imposition of sentence. A deferred imposition of sentence no longer exists when the court sets aside the verdict of guilty and dismisses the information. Section 62.1-02-01(2)(b) refers to a conviction for a deferred imposition of sentence that has not been dismissed.