Phoung v. Commonwealth

In Phoung v. Commonwealth, 15 Va. App. 457, 461, 424 S.E.2d 712, 714 (1992), appellant broke into the victim's house, tied her up, and carried her upstairs to her bedroom where she kept her cash and jewelry. She then was robbed. The Court held that the detention of the victim was separate and distinct from the restraint inherent in the act of robbery. The Court wrote: Simply stated, the asportation of a victim from one room to another and the binding of another victim's hands and feet together are not acts inherent in the crime of robbery. See Jones v. Commonwealth, 13 Va. App. 566, 572, 414 S.E.2d 193, 196 (1992) (robbery involves the taking, with the intent to steal, of the personal property of another, from his person or in his presence, against his will, by violence or intimidation). Therefore, the Court find that the constitutional guarantee precluding multiple punishments for the same offense has not been abridged. Phoung, 15 Va. App. at 462, 424 S.E.2d at 715.