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State v. Abuhamda

Supreme Court of North Dakota

February 21, 2019

State of North Dakota, Plaintiff and Appellee
v.
Falesteni Ali Abuhamda, Defendant and Appellant

          Appeal 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.

          Deanna F Longtin, Williston, ND, for defendant and appellant.

          OPINION

          McEVERS, JUSTICE.

         [¶ 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.

         I

         [¶ 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 paraphernalia;
Count 5: Unlawful advertisement of drug paraphernalia;
Count 6: Unlawful possession of drug ...

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