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Name: People v. Jones
Case #: B133543
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 07/20/2000
Subsequent History: Review denied 10/25/00

Although there was sufficient evidence to support the jury’s finding that appellant alternately used both a gun and a knife to commit the offense, imposition of a separate sentence for each was prohibited by Penal Code section 1170.1 Section 1170.1 permits the sentence to be enhanced by only the greater enhancement, which was the firearm use. Therefore, the enhancement for the use of a knife should have been stayed. It was not a defense to attempted robbery that the victims of a robbery of K-Mart were employees of the store, and therefore neither owned nor possessed the cash which appellant attempted to steal. The employees of a business constructively possess the business owner’s property for purposes of robbery. To the extent that People v. Guerin (1972) 22 Cal.App.3d 775 holds otherwise, it is an anomaly in light of evolving case authority broadening the permissible range of robbery victims.