from the District Court of McKenzie County, Northwest
Judicial District, the Honorable Robin A. Schmidt, Judge.
Charles B. Neff, Assistant State's Attorney, Watford
City, ND, for plaintiff and appellee.
F Longtin, Williston, ND, for defendant and appellant.
1] Falesteni Ali Abuhamda appeals from an order approving
pretrial diversion, an order deferring imposition of
sentence, and an order denying his motion to dismiss. We
dismiss the appeal on Counts 1, 2, and 5, referenced in the
order approving pretrial diversion, for lack of jurisdiction
because the order is not appealable under N.D.C.C. §
29-28-06 and we decline to supervise. We affirm on Count 4,
concluding Abuhamda has failed to preserve the issue because
the record does not reflect his plea was conditional.
2] In March 2017, law enforcement officers executed a search
warrant on two stores owned by Falesteni Ali Abuhamda,
seizing items containing Cannabidiol ("CBD"),
Delta-9-tetrahydrocannabinol ("THC"), Hashish, and
Cannabis (marijuana) as well as paraphernalia used to ingest
those substances. Abuhamda was charged with seven counts
relating to the confiscated items:
Count 1: Delivery of a controlled substance analog;
Count 2: Possession of Tetrahydrocann[a]binols within 1, 000
feet of a school;
Count 3: Possession of a controlled substance;
Count 4: Unlawful delivery, possession with intent to
deliver, or manufacture with intent to deliver drug
Count 5: Unlawful advertisement of drug paraphernalia;
Count 6: Unlawful possession of drug ...