P. v. Benoit CA2/3
Defendant Olivia Benoit was convicted of robbery after stealing two packages of hair extensions and a can of mousse from a beauty supply store. She contends that there is no substantial evidence to support the force/fear element of robbery, that the court erroneously admitted evidence of her two prior misdemeanor theft convictions, that counsel provided ineffective assistance by failing to request a limiting instruction, and that we should vacate her sentence and remand for the court to exercise its new sentencing discretion under Senate Bill No. 1393. We agree that defendant is entitled to the benefit of the change in the law. As such, we vacate her sentence and remand for further proceedings. In all other respects, we affirm.
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