After a week's worth of pondering, a 2nd District Court judge Tuesday said he still sees no choice but to send an Ogden man to prison for the robbery of a Layton convenience store in which the clerk was struck on the head with a hammer.
Judge Douglas L Cornaby told El-more Stewart, 39, there is nothing in Stewart's background that would lead him to believe he would commit such an act.Stewart, according to defense attorney Steve Vanderlinden, has led a decent life, has bachelor's and master's degrees and can contribute something to the community.
Those arguments last week led the judge to delay Stewart's sentencing for a week to allow him further consideration of his future.
The judge said Tuesday the seriousness of the offense and Stewart's attack on the clerk leave him no choice and sentenced him to one to 15 years in prison, ordering him to pay a $1,250 fine and $462 restitution.
Stewart was charged with aggravated robbery, a first-degree felony that carries a prison term of five years to life, for the Nov. 11, 1987, robbery of the Country Cuzzin's store in Layton.
In a plea negotiation, Stewart pleaded guilty to a reduced charge of robbery, a second-degree felony. The incident netted him $70, Stewart told the judge.