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 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.