P.

FACTS

In January 2011, the Tulare County Sheriff’s Department received information from Kentucky Child Welfare Services that Schaap’s adoptive son reported that he had been molested by Schaap when the family lived in Tulare County. During an interview on January 25, 2011, the victim stated that on numerous occasions when he was approximately 13 years old, Schaap fondled the victim’s genitals over and under his clothing. On March 29, 2011, the district attorney filed an amended complaint charging Schaap with eight counts of lewd and lascivious conduct with a child under the age of 14 (counts 1-5, 7-9) and one count of lewd and lascivious conduct with a child under the age of 14 by force (count 6/§ 288, subd. (b)(1)). The complaint also alleged, in pertinent part, an aggravated circumstance, that Schaap was a habitual offender (§ 667.71), a serious

All further statutory references are to the Penal Code.

2 felony enhancement, and that he had 11 prior convictions within the meaning of the three strikes law. On September 1, 2011, Schaap entered his plea in this matter in exchange for a stipulated term of 80 years and the dismissal of the remaining counts and allegations. On…