Frazer

Anthony Lewis Frazer was convicted of eight counts of robbery based on the robbery of two stores where eight employees were present. He contends the judgment should be reversed because (1) a special instruction given to the jury removed the elements of possession and immediate presence for robbery when the victim was an employee; (2) the jury was not presented with the theory of an employee’s constructive possession of the employer’s property; and (3) there was insufficient evidence that nonmanagerial employee victims constructively possessed the stolen property. He also asserts his out-of-court admissions were erroneously admitted because he did not knowingly and intelligently waive his Miranda rights before the law enforcement interrogation. We reject his contentions of error and affirm the judgment, except as to a sentencing enhancement error conceded by the People.

In the published portion of this opinion, we hold that employee status does not alone establish constructive possession of an employer’s property for purposes of satisfying the possession element of robbery. Rather, for an employee who does not have actual possession of the property, the record must show…