Opinion
S179181
10-12-2016
THE PEOPLE, Plaintiff and Respondent, v. MICHAEL RAY BURGENER, Defendant and Appellant.
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.