People v. Price CA1/4

Filed 4/9/25 P. v. Price CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE Plaintiff and Respondent, A169610

v. RUBYE DENISE PRICE (San Mateo County Super. Ct. No. 22SF006689A) Defendant and Appellant.

A jury convicted Rubye Denise Price of assault with a deadly weapon after she drove into the victim following a physical altercation and pushed the victim into a fence. (Pen. Code, § 245, subd. (a).)1 The trial court sentenced Price to four years in prison. On appeal, Price contends there was insufficient evidence to support the finding that she willfully and knowingly committed assault with a deadly weapon. We affirm. BACKGROUND I. Prosecution Evidence A. Collision The victim testified that she is Price’s cousin. In the fall of 2021, the victim began an intimate relationship with a man who she knew was also in a relationship with Price. Price apparently learned about the relationship

1 Undesignated statutory references are to the Penal Code.

from a photo the victim posted on social media and tried to call her “100 times or more” in the space of an hour, but the victim did not answer any of the calls, realizing that Price was upset. On the evening of April 28, 2022, the victim exited her apartment after a friend texted her to “come outside.” Stepping outside, she saw Price and Price’s brother walking up the driveway toward her. A physical altercation ensued. At some point the friend who had texted the victim arrived, and Price’s brother tried to grab the victim. The victim told her friend to get the mace from her dresser. Later, when the victim began to spray, Price’s brother reached for the mace and threw it to the ground. Price ran back to her vehicle and got into the driver’s seat. The victim followed and got into the car on the passenger’s side, where the fight continued until Price’s brother grabbed the victim by the waist and pulled her out. Price yelled to her brother, “let’s go,” and put her car in reverse, rapidly backing out and knocking him and the victim to the ground. Price’s brother yelled out in pain as the car rolled over his ankle. At that point, the victim began running toward her apartment, fearing that Price was trying to run her over. Price shifted her car into drive and accelerated forward twice— first inching forward just enough to free her brother, then abruptly accelerating and turning right into the victim. The collision propelled the victim into a chain-link fence, causing it to collapse onto a neighbor’s parked minivan, shattering the driver’s side window. The victim testified that the impact caused her to “black[] out,” and when she regained consciousness, she was unable to stand or bear the weight