North Dakota Code § 29-26-14

Procedure when nonidentity or pardon is alleged as cause for not
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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.

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