People v. Price CA4/1

Filed 9/23/25 P. v. Price CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D086349

Plaintiff and Respondent,

v. (Super. Ct. No. FSB1501164)

DYLLAN ANTHONY PRICE,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Bernardino County, Michael A. Smith, Judge. Affirmed. William J. Capriola, under appointment of the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Eric A. Swenson, Christine Y. Friedman and Tyler L. Krentz, Deputy Attorneys General for Plaintiff and Respondent.

A jury convicted Dyllan Anthony Price of one count of second degree

murder (Pen. Code,1 § 187, subd. (a)) and one count of felon in possession of a firearm (§ 29800, subd. (a)(1)). Price was sentenced to a total term of 40 years to life. On appeal, Price contends the trial court erred in refusing to give a jury instruction on the lesser included offense of voluntary manslaughter based on sudden quarrel or heat of passion. Because there was not substantial evidence that Price acted in the heat of passion, the trial court properly refused to give the instruction, and we affirm. FACTUAL AND PROCEDURAL BACKGROUND In April 2015, Price and several other individuals were socializing in a neighborhood in San Bernardino. David Love walked by. Price followed him and called out to him. Love turned around and the two had a conversation. After two or three minutes, the conversation escalated into an argument. It appeared to one witness that all of a sudden Price “went ballistic” on Love, cursing and yelling at him. Price was “the aggressor,” another witness observed. Love and Price began yelling at each other. Love turned and tried to walk away from Price. It looked to one witness that Price was mad about something and Love was not really responding. To another observer it seemed Love was trying to get away and did not want to talk with Price. But Price followed Love and continued to argue with him. Love turned back around to face Price. The two men faced each other, about six inches apart. Price had his hand in his pocket during the argument. As the two men continued to argue, a witness heard the sound of a gun cocking. There was a