S179181 People v. Burgener (Michael Ray) [Automatic Appeal]

Filed 10/12/16
IN THE SUPREME COURT OF CALIFORNIA
THE PEOPLE, )
)
Plaintiff and Respondent, )
) S179181
v. )
) Riverside County
MICHAEL RAY BURGENER, ) Super. Ct. No. CR 18088
)
Defendant and Appellant. )
____________________________________)
ORDER MODIFYING OPINION AND
DENYING PETITION FOR REHEARING
THE COURT:
The opinion in this case, filed on August 11, 2016, and appearing at 1 Cal.5th
461, is modified as follows:
The citation following the first sentence of the final paragraph on page 474 of
1 Cal.5th, which currently reads “(See People v. Engram (2010) 50 Cal.4th 1131, 1161
[116 Cal.Rptr.3d 762, 240 P.3d 237] [„a statute must be construed, if reasonably
possible, in a manner that avoids a serious constitutional question‟].)” is replaced with
the following: (See Loeffler v. Target Corp. (2014) 58 Cal.4th 1081, 1102 [“we avoid
resolving constitutional questions if the issue may be resolved on narrower grounds”].)
This modification does not affect the judgment.
The petition for rehearing is denied.

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