People v. Fakinos CA4/3

Filed 1/6/26 P. v. Fakinos CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G065154

v. (Super. Ct. No. 21CF1085)

GREGORY FAKINOS, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Lance P. Jensen, Judge. Affirmed. David R. Greifinger, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. * * *

INTRODUCTION Gregory Fakinos (Defendant) appeals from an order denying at the prima facie stage his petition for resentencing made pursuant to Penal Code section 1172.6.1 Defendant’s appointed counsel filed a brief pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo) to inform us that counsel had found no arguable issues and to request that we exercise our discretion to conduct an independent review of the record. Counsel also suggested one issue for our consideration. Defendant was given the opportunity to file a supplemental brief on his own behalf and was given notice pursuant to Delgadillo that if no supplemental brief was filed, the court might dismiss the appeal as abandoned. Defendant has filed a supplemental brief. We have conducted an independent review of the record and find no arguable issues on appeal. The issue suggested by counsel has no merit. We have evaluated the arguments presented by Defendant in his supplemental briefs and conclude none has merit. (Delgadillo, supra, 14 Cal.5th at p. 232.) We therefore affirm. BACKGROUND A jury found Defendant guilty of one count of attempted murder (§§ 187, subd. (a), 664, subd. (a)) and found true the allegation that he committed the attempted murder willfully, deliberately, and with premeditation and that in the course of committing attempted murder he inflicted great bodily injury on another person who was not an accomplice (§ 12022.7, subd. (a)). The trial court sentenced Defendant to a term of seven years to life on the attempted murder conviction with a consecutive