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Name: People v. Amperano
Case #: B226343
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 09/19/2011

A conviction for attempted murder is sustained despite a variance in the named victim and the true, intended victim. The variance between the information and the proof at trial was immaterial because there was adequate notice of the charges such that the defendant had a meaningful opportunity to defend against the charge. Mrs. Rodriguez, the victim named in the information and verdict, was the person who was shot inside her home. There was no evidence that she was the intended victim. The defendant fired multiple shots into the home because he believed it to be occupied by rival gang members. The intent to kill whoever was in the house could be inferred from the circumstances. The case was not tried on a “kill zone” theory.