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Robber Becomes 1st in County Charged Under ‘3 Strikes’ Law : Simi Valley: The paroled convict now faces 10 felony counts of child molestation. He is being held without bail and faces arraignment today.

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TIMES STAFF WRITER

A three-time convicted robber now facing 10 felony counts of child molestation is the first Ventura County man to be charged under the state’s new “three strikes and you’re out” law, prosecutors said Monday.

Police said they raided Henry Diaz’s Simi Valley home last month and found him in bed with a 13-year-old girl. Diaz, 40, is on parole for the three prior felony robbery convictions.

“I think the message is pretty self-evident,” Chief Deputy Dist. Atty. Kevin J. McGee said. “If you continue to engage in criminal conduct, you are looking at the potential of 25 years to life” in state prison.

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McGee said officials decided last week to charge Diaz under the new law.

Diaz is scheduled to appear in Ventura County Municipal Court for arraignment this morning and has not yet entered a plea to the charges. It was not clear if he has yet obtained an attorney. He was being held in Ventura County Jail without bail.

Diaz is one of two men prosecutors were considering charging under the “three strikes” law. Prosecutors have not announced whether a decision has been made in the second case, against Jose Castaneda, 25, of Oxnard.

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Castaneda is charged with murder in the April 2 death of his wife, Mina Castaneda, also 25. The Oxnard College student, who had dreams of becoming a teacher, died after being shot in the head during an argument with her husband, police said.

Castaneda has two previous armed robbery convictions.

The district attorney’s office decided April 12 not to use the new law against Preston A. Shelton of Oxnard--who was charged with cultivating marijuana plants, a felony, only hours after Gov. Pete Wilson signed the three strikes legislation.

If convicted under the law, defendants face a mandatory sentence of 25 years to life. The statute prescribes such a sentence for anyone with two prior serious or violent felony convictions who commits a third felony.

Members of the Simi Valley police SWAT team and narcotics detectives raided Diaz’s Sitka Avenue home about 7 a.m. March 22 after his parole office reported possible violations. That is when he was discovered in bed with the young girl, police said.

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McGee said prosecutors decided to charge Diaz under the new law because this would be his fourth felony conviction.

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