N.D. Cent. Code § 29-26-14
29-26-14. Procedure when nonidentity or pardon is alleged as cause for not pronouncing sentence
29-26-14. Procedure when nonidentity or pardon is alleged as cause for not
pronouncing sentence.
When the reason alleged for not pronouncing sentence is that the person brought before
the court to be sentenced is not the person against whom the verdict was rendered, or that the
defendant has been pardoned of the offense charged, the court shall postpone the
pronouncement of judgment, if necessary, for the purpose of hearing evidence relating to the
identity or pardon of such person, and on proof of nonidentity or pardon, as the case may be,
shall discharge such person from custody, unless the person is in custody on some other
charge.