People v. Steele CA4/2

Filed 3/6/26 P. v. Steele CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, E085262

Plaintiff and Respondent, (Super.Ct.No. FSB029421)

v. ORDER DENYING PETITION FOR REHEARING AND TEJAY ANTHONY STEELE, MODIFYING OPINION

Defendant and Appellant. [NO CHANGE IN JUDGMENT] _______________________________________

THE COURT

The petition for rehearing is denied.

On our own motion, the Court ORDERS the opinion filed March 4, 2026, modified as follows:

In the last paragraph on page 2, insert a short cite for the Faustinos case so that it states: (People v. Faustinos (2025) 109 Cal.App.5th 687, 695-696 (Faustinos).

Immediately after the last paragraph on page 2, add the following paragraph: Steele also argues that Faustinos is distinguishable and that we should follow People v. Olea (2025) 115 Cal.App.5th 889 and People v. Craig (2026) 117 Cal.App.5th 1165, both of which distinguished Faustinos. (Olea, at p. 901; Craig, at pp. 1173-1174.) We disagree and conclude that Faustinos is directly on point and that Olea and Craig are distinguishable. Unlike the trial courts in Olea and Craig, the court here did not receive opposition from the People or conduct a contested hearing. (See Olea, at pp. 895-896; Craig, at p. 1169.) It merely read Steele’s unauthorized filing and declined to take

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action. As Faustinos explains, because Steele “is not entitled . . . to receive a ruling” on such a petition, the court’s statement “that the court is not acting” on the petition “does not affect the defendant’s substantial rights.” (Faustinos, supra, 109 Cal.App.5th at p. 696.) The modification does not change the judgment.