Faustinos

Filed 4/3/25 (unmodified opn. attached)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E082951

v. (Super.Ct.No. FWV1300823)

CARLOS FAUSTINOS, ORDER MODIFYING OPINION

Defendant and Appellant. [NO CHANGE IN JUDGMENT]

The opinion filed in this matter on March 13, 2025, is modified as follows:

Page 2, line 11, delete the sentence beginning with “We publish this opinion,” and

insert the following sentence:

We publish this opinion to explain why we agree with the conclusion in People v.

Hodge (2024) 107 Cal.App.5th 985 (Hodge) and hold that an order declining to act on a

defendant’s unauthorized section 1172.1 petition is non-appealable.

Page 3, line 12, delete “the” and replace it with “that.”

1 Page 10, line 3, delete the following words, “Chatman and” and capitalize the

word “A” in the subtitle.

Page 10, line 4, the first full paragraph, beginning “In Chatman, supra” is deleted

entirely and the following paragraph is inserted in its…