AGO 81-034.

• Case Date: April 02, 1981
• Court: North Dakota

North Dakota Attorney General Opinions 1981. AGO 81-034. OPINION 81-34Date Issued: April 2, 1981 (AGO 81-34) Requested by: Thomas H. Falck, Jr. Grand Forks County Assistant State's Attorney- QUESTION PRESENTED - Whether a person convicted of a felony who has been lawfully sentenced to a period of incarceration at the State Farm in Bismarck, but whose sentence has been suspended by the court, is deemed to have been convicted of a misdemeanor pursuant to section 12-51-07, N.D.C.C.- ATTORNEY GENERAL'S OPINION - It is my opinion, to the extent it does not conflict with the sentencing court's intentions, that a defendant who has been sentenced to a period of incarceration at the State Farm for conviction of a felony, but whose sentence has been suspended, is deemed to have been convicted of a misdemeanor pursuant to section 12-51-07, N.D.C.C. - ANALYSIS - We have previously answered a somewhat similar question in our Opinion 81-33 issued on the twenty-seventh day of March 1981. In that opinion, we held that a person who is convicted of a felony and sentenced to the State Farm, but whose sentence was ordered served in the county jail, was considered to have been convicted of a misdemeanor pursuant to section 12-51-07, N.D.C.C. That same analysis is applicable to the question answered in this opinion. The same cautionary remarks apply. Opinions of the Attorney General are not controlling upon the judiciary. Additionally, to the extent it is relevant...