Amperano

People v. Amperano

Good Law
131 Cal. Rptr. 3d 92·199 Cal. App. 4th 336·2011 Cal. App. LEXIS 1202
Court of Appeal of CaliforniaSeptember 19, 2011No. B226343California3,253 words

Opinion

Lead Opinion

Willhite, J.

*338 Opinion

Defendant Ruben Rene Amperano appeals from a judgment sentencing him to 50 years to life in prison, after a jury found him guilty of attempted premeditated murder (Pen. Code, 1 §§ 664, 187, subd. (a)) and shooting at an inhabited dwelling (§ 246), and found to be true allegations that defendant committed both crimes for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(C)) and that defendant personally fired a handgun. Defendant contends there was insufficient evidence that he intended to kill the victim identified in the information and the verdict form. He also asks us to review the materials produced pursuant to his Pitchess 2 motion to determine whether the trial court followed the procedures set forth in People v. Mooc (2001) 26 Cal.4th 1216 [ 114 Cal.Rptr.2d 482 , 36 P.3d 21 ], We affirm the judgment.

BACKGROUND

On June 22, 2008, Anita Rodriguez and her son Luis Garcia, a deputy with the Los Angeles County Sheriff’s Department, found graffiti scrawled on the side of their house on Keith Drive in Whittier and on Garcia’s car parked in front of the house. Garcia recognized the graffiti as tagging by a gang in the neighborhood, the Dead End…

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