P. v. Burgener

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Filed 10/12/16 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, ) ) Plaintiff and Respondent, ) ) v. ) ) MICHAEL RAY BURGENER, ) ) Defendant and Appellant. ) ____________________________________) S179181 Riverside County Super. Ct. No. CR 18088 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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