People v. Hoskins CA1/3

Filed 1/19/16 P. v. Hoskins CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, A141819 v. JON CLAYTON HOSKINS, (Contra Costa County Super. Ct. No. 051217025) Defendant and Appellant.

Defendant Jon Clayton Hoskins appeals from an order terminating his probation and placing into execution a previously suspended sentence of eight years in state prison associated with a conviction for committing lewd acts on a child under 14 years of age. (Pen. Code,1 § 288, subd. (a).) Defendant argues that the evidence was insufficient to establish that he possessed pornography in violation of a term of his probation, even though the court below stated it was “fairly obvious” that DVD’s and other materials found in defendant’s possession were pornographic. Defendant’s claim on appeal turns on the absence of evidence that his probation officer or a sex-offender treatment program had ever provided him with a definition of what constitutes pornographic material. He also contends the court abused its discretion in refusing to reinstate probation. We reject these contentions and affirm.

1 Further statutory references are to the Penal Code.

1

FACTUAL AND PROCEDURAL BACKGROUND In July 2011, the Shasta County District Attorney filed a first amended information charging defendant with four counts of lewd acts on a child under 14 years of age (§ 288, subd. (a)), with a special allegation that the crimes were committed against more than one victim (§ 667.61, subd. (b)). The district attorney also charged defendant with two misdemeanors committed against one of the minor victims—annoying or molesting children (§ 647.6, subd. (a)) and sexual battery (§ 243.4, subd. (e)(1)). Pursuant to a plea agreement, defendant pleaded guilty to one count of committing lewd acts on a child under 14 years of age (§ 288, subd. (a)). The remaining charges were dismissed upon the prosecutor’s motion. In September 2011, the Shasta County Superior Court sentenced defendant to the upper term of eight years in state prison, suspended execution of the sentence, and placed defendant on probation for a period of seven years subject to various terms and conditions, including that he serve 270 days in county jail. One of the conditions of probation was that “[t]he defendant shall not possess, view or listen to any pornographic material as defined by a sex offender treatment program or the Probation Officer.” Defendant’s case was transferred from Shasta County to Contra Costa County in 2012. In November 2013, defendant’s probation officer in Contra Costa County filed a petition to revoke defendant’s probation. According to the petition, defendant violated the terms of his probation as a result of being “in possession of pornographic material including a DVD and sexual toys.” The court revoked defendant’s probation and issued a bench warrant for his arrest. At a contested hearing on the petition to revoke defendant’s probation, a Santa Clara County sheriff’s deputy testified that on the morning of November 18, 2013, he responded to assist a fellow officer in a remote area near Lexington Reservoir in unincorporated Santa Clara County. The deputy described the area as rural and isolated. A pickup truck that was later determined to belong to defendant was parked just off the roadway. The deputy observed that the rear windows behind the driver’s and passenger’s seats were blocked with towels or blankets. Defendant was alone in the pickup and told