Anthony

Filed 10/30/14 (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, E058264

v. (Super.Ct.No. FVI08164)

STEVEN VAUGHN ANTHONY, ORDER MODIFYING OPINION

[NO CHANGE IN JUDGMENT] Defendant and Appellant.

The opinion filed in this matter on October 24, 2014, is hereby modified, as

follows:

On page 3, the text of footnote number 2 is deleted in its entirety to be replaced

with the following new footnote number 2:

We note that the California Supreme Court has granted review in cases that have found that the trial court’s order on a postjudgment petition pursuant to section 1170.126 is a nonappealable order (see, e.g. Teal v. Superior Court (2013) 217 Cal.App.4th 308, review granted July 31, 2013, S211708; People v. Hurtado (2013) 216 Cal.App.4th 941, review granted July 31, 2013, S212017, briefing deferred pursuant to rule 8.512(d)(2), Cal. Rules of Court). We also note that recently the Supreme Court granted review in a case where the appellate…