Price v. Commonwealth, 722 S.E.2d 653

Price was convicted by jury of robbery under Code § 18.2-58 in Virginia Court of Appeals (Richmond).
The victim S.S. testified intruders forced entry into a trailer where D.C. and S.S. resided.
Gunman remained in the mother's bedroom; other two took property from within the residence.
S.S. identified little about the intruders; one wore gray and blue checkerboard shoes.
Items stolen from S.S. included a cell phone, iPod, and camera, taken from her purse in the living room.
On appeal, Price challenged sufficiency of the robbery proof since items were not taken from S.S. in her presence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Robbery element—presence requirement satisfied?	Price argues items were taken from a different room while S.S. was present elsewhere.	Commonwealth contends taking from the residence while victim in presence suffices.	Yes; taking from presence is satisfied when property is within the victim's protection and proximity during violence.

George v. Commonwealth, 242 Va. 264 (1991) (robbery elements include taking from person or in presence, with violence preceding or during taking)
Bunch v. Commonwealth, 225 Va. 423 (1981) (presence includes custody or constructive possession; location within residence not fatal)
Clay v. Commonwealth, 30 Va.App. 254 (1999) (presence involves proximity and control; property close to victim may be taken from presence)
Falden v. Commonwealth, 167 Va. 542 (1937) (definition of taking from the person includes personal protection and presence)
Clay v. Commonwealth, 30 Va.App. 254 (1999) (reiterates proximity/control standard for presence)
Houston v. Commonwealth, 87 Va. 257 (1890) (taking must be from the person or their protection and presence)
People v. Blake, 144 Ill. 2d 314 (1991) (presence element may be established if owner is on premises during acts of violence and taking)
Durham v. Commonwealth, 214 Va. 166 (1973) (concept of possession related to presence for robbery)