Man in 3-Strikes Case to Return to Court
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The first person in Ventura County sentenced under the state’s three-strikes law is due back in court today to have a new trial scheduled after an appeals panel overturned the conviction.
Henry A. Diaz, 42, was sentenced to 31 years to life in prison after pleading guilty in 1994 to having sex with a 13-year-old girl.
Diaz, who has a long criminal record that includes convictions for armed robbery and killing a fellow prison inmate, pleaded guilty in the middle of his trial on sexual molestation.
But during his sentencing, the former Simi Valley resident changed his mind and asked to withdraw his plea, saying he was confused when he made the plea. Acting Superior Court Judge Bruce A. Clark denied Diaz’s request and sent him to Pelican Bay State Prison in Crescent City.
In January, the three-member 2nd District of the state Court of Appeal in Ventura ruled that Clark should have allowed Diaz to withdraw his plea.
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