State v. Munson

Munson pled guilty to seven counts of obtaining property in return for worthless checks, five counts of grand theft, and one count of possession of a firearm by a convicted felon. Before sentencing, Munson filed a motion for a downward departure. The state did not respond in writing before the sentencing hearing. At the sentencing hearing, the prosecutor explained that it was his understanding that if he did not respond, the defendant would make an open plea to the court.

The trial court determined that, by failing to respond to Munson’s motion, the state had elected to stand mute at…