State v. Stewart

CLEMENS, Presiding Judge.

This case stems from a planned payroll robbery that didn’t quite happen. A jury found defendant guilty of attempted first-degree robbery and carrying a concealed weapon. Pursuant to the verdicts the court sentenced defendant to eight years’ imprisonment on the attempted robbery charge and two years’ imprisonment on the concealed weapons charge, to run consecutively. Defendant appeals.

We first take up defendant’s contention that despite evidence of prolonged planning and preparation to rob, there was no overt act sufficient to constitute an attempt to rob. The gist of…