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PEOPLE v. BURGESS

No. C094813.

89 Cal.App.5th 527 (2023)

THE PEOPLE, Plaintiff and Respondent, v. DWAYNE LAMONT BURGESS, Defendant and Appellant.

Court of Appeals of California, Third District.

March 20, 2023.

Attorney(s) appearing for the Case

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.

[Modification of opinion (88 Cal.App.5th 592; ___ Cal.Rptr.3d ___).]

THE COURT.—IT IS ORDERED that the opinion filed in this case on February 23, 2023, be modified as follows:

1. On page 11 [88 Cal.App.5th 602, advance report, first par.], 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...

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