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No Other Explanation
“Have you heard from Mr. Leffler any reasonable explanation...," Baumgardner asked in rebuttal arguments, prompting an objection from the defense. “A man's home, his dwelling, is his castle...” the commonwealth’s attorney stated, again sparking an objection—“That’s not rebuttal!”—from Leffler.
After just an hour’s deliberation, the jury returned its verdict, finding Stewart guilty on all three counts and recommending sentences of three years in prison for breaking and entering, 12 months in jail for credit card theft and six months in jail for petty larceny.
The defendant waived a pre-sentence report and after reviewing Stewart’s FBI record, Judge Horne denied Leffler’s request that his client’s sentences run concurrently. He imposed the terms recommended by the jury but noted that Stewart will get credit for the 5Vi months he’s spent in jail awaiting trial. “If I understand the new parole laws, it means your release date is in the not too distant future,” Horne noted.
In authorizing the maximum payment plus costs for his defense of Stewart, Judge Horne remarked to Leffler, "You certainly tried an excellent case.”
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