Modification: People v. Burgess

THE PEOPLE,

Plaintiff and Respondent,

v.

DWAYNE LAMONT BURGESS,

Defendant and Appellant.

No. C094813

(Super. Ct. No. CR115729)

California Courts of Appeal

Third Appellate District

(Sacramento)

Filed March 20, 2023

ORDER MODIFYING OPINION

[NO CHANGE IN JUDGMENT]

APPEAL from a judgment of the Superior Court of Sacramento County, Laurie M. Earl, Judge. Reversed.

Scott Concklin, under appointment by the Court of Appeal, for Defendant and Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Christopher J. Rench and Kathryn L. Althizer, Deputy Attorneys General, for Plaintiff and Respondent.

THE COURT:

It is ordered that the opinion filed in this case on February 23, 2023, be modified as follows:

1.        On page 11, in the second to last sentence of the first paragraph, the word "injury" is changed to "inquiry" so the sentence reads:

Subdivision (d)(3) of section 1172.6 does not limit the court's inquiry to major participant and reckless indifference; it encompasses a broader murder inquiry.

There is no change in the judgment.

BY THE COURT:

/s/

ROBIE, Acting P. J.

/s/

DUARTE, J.

/s/

BOULWARE EURIE, J.