State v. Johns

Crothers, Justice.

[¶1] Joe Johns appeals from a criminal judgment entered upon a conditional guilty plea after the district court denied his motion to dismiss a charge for unlawful possession of drug paraphernalia as a class C felony second offense. Johns argues he did not have a prior conviction for enhancement purposes because a deferred imposition of sentence for a prior charge under N.D.C.C. title 19 resulted in a dismissal of that charge. We reverse the *894 judgment and remand to allow Johns to withdraw his conditional guilty plea to the enhanced charge.

I

[¶2] On August 30, 2018, the State…