People v. Burgener (Cal., 10/12/16) [SLIP COPY]

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.