People v. Gosztyla CA3

BACKGROUND

In 2018, a jury found Gosztyla guilty of five counts of lewd and lascivious acts with a child under the age of 14 (§ 288, subd. (a)) and five counts of oral copulation or sexual penetration with a child 10 years old or younger (§ 288.7, subd. (b)). The jury also found true that Gosztyla had substantial sexual conduct with a child under the age of 14 (§ 1203.066, subd. (a)(8)). Later that year, the trial court sentenced Gosztyla to state prison for an aggregate term of 16 years plus 75 years to life. The court also imposed a $10,000 restitution fine (§ 1202.4), a corresponding $10,000 parole revocation fine (suspended unless parole is revoked) (§ 1202.45), a $400 court operations assessment (§ 1465.8, subd. (a)(1)), and a $300 criminal conviction assessment (Gov. Code, § 70373). On appeal, this court ordered the trial court to correct the abstract of judgment but otherwise affirmed the judgment. (People v. Gosztyla (Feb. 18, 2021, C088530) [nonpub. opn.], review den. May 26, 2021, S267600.) The record indicates that the remittitur issued by June 2021. In October 2024, Gosztyla, proceeding in propria persona, filed a “Motion Requesting Restitution Hearing to Vacate Fines…