North Dakota Code § 29-26-16

Court to hear evidence - Degree of crime
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Upon a plea of guilty of a crime divided into degrees, the court, if such plea is accepted and 
the defendant does not designate in the defendant's plea the degree thereof, before passing 
sentence, shall determine the degree, and the provisions, so far as applicable, of section 
29-26-18 and of rule 32 of the North Dakota Rules of Criminal Procedure shall govern in said 
determination.

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