California, United States of America
The following excerpt is from The People v. Reyes, G041773, No. 07CF1113 (Cal. App. 2011):
Moreover, even without the amendment the prosecution was not required to prove each offense occurred on the date or dates alleged, but rather only that the offenses occurred reasonably close to the alleged dates. (People v. Peyton (2009) 176 Cal.App.4th 642, 660.) In Peyton the defendant had been charged with committing certain sex offenses against a child "'on or about October 1, 2005.'" The evidence showed that if the offenses occurred, they occurred in the fall of 2004. In upholding the convictions despite this variance, the court found "[t]he date on which an offense was committed need not be stated in an accusatory pleading unless the date is material to the offense ( 955), and the evidence is not insufficient merely because it shows the offense was committed on another date. [Citation.] The October 1, 2005, date was not material to any of the charged offenses." (Id. at p. 660.)
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