P.

STATEMENT OF FACTS

Defendant faced a maximum sentence of eight years in state prison for lewd and lascivious conduct. (§ 288, subd. (a).) He agreed to plead no contest in exchange for a

1 All further statutory references are to the Penal Code except as noted.

1 “3 year lid.” Defendant was advised that, as a consequence of his plea, he could be placed temporarily at a diagnostic facility for psychological assessment (§ 1203.03) or evaluated by a psychologist (§ 288.1). Initially, the court referred the matter to the probation department for preparation of a sentencing report without ordering a psychological assessment. The probation department recommended a three-year state prison term based on police findings that defendant had touched his daughter’s vaginal area on numerous occasions and had, as a teenager, molested his two sisters when they were children. In summarizing the state of defendant’s physical health, the probation report noted that “The Department of Veterans Affairs has determined the defendant is 70 percent disabled due to posttraumatic stress disorder, which he incurred while on active duty in Iraq.” The probation report was submitted to the court at a…