Mendez

Filed 1/15/25 (unmodified opn. attached)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

LUIS MENDEZ,

Petitioner,

v. G063164

THE SUPERIOR COURT OF (Super. Ct. No. 21HM10091)

ORANGE COUNTY,

ORDER MODIFYING

Respondent; OPINION AND DENYING

PETITION FOR REHEARING;

THE PEOPLE, NO CHANGE IN JUDGMENT

Real Party in Interest.

It is ordered that the opinion filed on December 23, 2024, be modified as follows: On page 15, in the first full paragraph, at the end of the sentence that begins “Further, nothing in the statute suggests . . . ”, add the following footnote:

1 9 At oral argument and in his petition for rehearing, Mendez first

argues our construction of section 1367(b) is flawed because it fails to take into consideration the last sentence of that code section which provides: “Section 1370.02 applies to a person alleged to have violated the terms of the person’s postrelease community supervision or parole.” Our opinion does not address that portion of section 1367(b) because there…