State v. Holley

OPINION

KELLEHER, Justice.

The defendant, Julio Holley (Holley), appeals his conviction by a Superior Court jury in which he was found guilty of robbery and conspiracy to commit robbery. Subsequently the trial justice imposed a sentence of forty-five years. For reasons set forth herein, we modify Holley’s conviction and remand the case to the Superior Court for the entry of a judgment of conviction of assault with the intent to rob.

For forty-three years Melkon Varadian (Varadian) and his wife owned and operated, six days a week, the Public Street Market, a neighborhood grocery store in…