People v. Hostia CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

Because the underlying facts are irrelevant to the issues argued on appeal, we provide only a summary. On June 4, 2011, Hostia drove by three young girls, ages nine to 12, stared at them and told them to get in his car. The girls ran home instead. A couple of days later, Hostia slowly drove by two of the same girls as they walked home from the bus stop after school. Hostia was charged in an amended information with three counts of annoying or molesting a child under the age of 18 with a prior conviction. (§ 647.6, subd. (c)(2).) The information also alleged Hostia had one strike prior and one prison prior. (§§ 667, subds. (b)-(i), 1170.12, 667.5, subd. (b).) Hostia’s first trial ended in a mistrial after the jury announced it was deadlocked. His second jury trial also ended in a mistrial when that jury was unable to reach a verdict. On November 28, 2012, Hostia pleaded no contest to one count of annoying or molesting a child under the age of 18 with a prior conviction. At the change of plea hearing, the trial court discussed the various fines and fees that could be imposed, and stated, “[t]here also will be attorney’s [sic] fees that will…