People v. Price CA2/4

INTRODUCTION

Defendant Andre Leshaun Price appeals from the judgment entered following his conviction by jury for second degree murder. He contends there was insufficient evidence to support his conviction. He further argues the trial court erred in failing to instruct the jury on the lesser included offense of involuntary manslaughter. We affirm.

PROCEDURAL HISTORY

The Los Angeles County District Attorney (the People) filed an information on September 25, 2013 charging defendant with the murder of Jeffrey Davis (Penal Code section 187, subd. (a),1 count 1) and possession of a firearm by a felon (§ 29800, subd. (a)(1), count 2). As to count 1, the information further alleged that defendant personally and intentionally discharged a handgun causing great bodily injury and death within the meaning of section 12022.53, subdivisions (b), (c), and (d). With respect to count 2, the information alleged that the offense was committed for the benefit of, at the direction of, and in association with a criminal street gang pursuant to section 186.22, subdivision (b)(1)(A). The People also alleged that defendant suffered a prior felony conviction within the meaning of section 667,…