Mansfield

Appellant, David Alan Mansfield, was found guilty by a jury of one count of lewd and lascivious conduct upon a child under 14 years of age (Pen. Code, § 288, subd. (a))* and two counts of misdemeanor child molestation (§ 647a—now 647.6). He was found not guilty on an additional five counts and one count was dismissed after the jury could not agree as to that count. Imposition of sentence was suspended and appellant was placed on probation for three years on condition he serve twelve months in the county jail. He appeals. We will reverse.

Facts

On February 8, 1986, April G. went to visit and spend the night with her friend, the victim, Lisa B. Two days earlier, Lisa had turned twelve years old. Appellant was present at the apartment in Atwater occupied by Lisa and her mother at this time, for Lisa’s mother, a friend of appellant’s, had permitted him to move in with them several months earlier.

Lisa testified that on this evening in February of 1986 she and April played a wrestling game with appellant, after which April and Lisa sat on appellant’s lap. Appellant began rubbing Lisa’s thigh through her pants leg, and was breathing on her neck. At this time April noticed…