A Huntington Beach man will spend at least three decades behind bars after admitting he sexually assaulted two 6-year-old relatives, with a judge on Wednesday handing down a sentence of 30 years to life in state prison. The court credited him with 2,268 days already served and ordered that he register as a sex offender for the rest of his life. Authorities say the abuse dates back to 2011 and began when one of the children was in first grade.
According to the Los Angeles Times, the defendant, 50-year-old Orland Gaitan Diaz, pleaded guilty on Jan. 28 to nine counts of committing lewd acts on a child younger than 14 and two counts of sexual intercourse with a child 10 or younger. Both victims were 6 at the time, and court records place the abuse in 2011. On Wednesday, the court imposed the 30-to-life term and again confirmed Diaz must remain on the sex-offender registry for the rest of his life.
Police testimony at the preliminary hearing, as reported by the Los Angeles Times, showed that one child disclosed the abuse to her mother, who did not believe her. The other child witnessed that assault and was also molested, according to the court record. The sentencing paperwork notes the 2,268 days of credited custody applied toward Diaz's prison term.
What “30 to life” really means
A "30 years to life" sentence is an indeterminate life term that sets a minimum amount of time a person must serve before they can even be considered for parole. As The Sentencing Project explains, these years-to-life sentences establish a parole-eligibility date that can be affected by custody credits but do not promise release. California’s rules for calculating minimum parole eligibility appear in Penal Code §3046, outlined by California Legislative Information.
With Wednesday’s ruling, the criminal case against Diaz is effectively closed; any reduction in the time he actually serves would be up to the parole process after he completes the minimum term. Anyone affected by sexual abuse can contact the U.S. National Sexual Assault Hotline at 1-800-656-HOPE (4673) for confidential support and resources.
