People v. Burgess CA3

Filed 9/24/24 P. v. Burgess CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento) ----

THE PEOPLE, C098897

Plaintiff and Appellant, (Super. Ct. No. CR115729)

v.

DWAYNE BURGESS,

Defendant and Respondent.

The People, represented by the District Attorney of Sacramento County, appeal from the trial court’s order vacating defendant Dwayne Burgess’s1 murder conviction following a prior appeal in which we concluded the People presented insufficient

Defendant’s name is listed different ways throughout the record. While the notice of appeal and our prior opinions use “Dwayne Lamont Burgess,” the minute order from the resentencing hearing and the June 22, 2023 abstract of judgment use “Dwayne Burgess.” We…