State v. Gnewuch

Summary

The court held that the deferred-judgment statute permits a defendant to request deferral after a finding of guilt but before entry of a judgment of conviction, and that the district court had jurisdiction to consider the request. It further held that the statutory scheme does not violate separation of powers because deferred judgment, probationary conditions, and potential dismissal after successful completion are judicial sentencing functions occurring after guilt is established. The court reversed the judgment, vacated the sentence, and remanded for consideration of the deferred-judgment motion.