California, United States of America
The following excerpt is from People v. W.E. (In re W.E.), 2d Crim. No. B294735 (Cal. App. 2019):
(Pen. Code, 211.) A store employee has constructive possession of merchandise. (People v. Scott (2009) 45 Cal.4th 743, 749-754.) Appellant admits to theft inside the store in the presence of an employee, but argues that he did not forcibly deprive Singh of property so that the charge must be "reduced to both a petty theft and an assault." We disagree. Substantial evidence supports a finding that appellant and a cohort took stolen goods outside the store, where appellant used force to prevent Singh from regaining control of the items.
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