THE PEOPLE v. MICHAEL RAY BURGENER

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Supreme Court of California, California.

THE PEOPLE, Plaintiff and Respondent, v. MICHAEL RAY BURGENER, Defendant and Appellant.

S179181

    Decided: October 12, 2016

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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