Sergill

Appellant Kamal Sergill was convicted by a jury of violating Penal Code section 288a, subdivision (c) (oral copulation with a person under 14). He contends the trial court erred when it permitted opinion testimony by two police officers as to the victim’s credibility. We agree, and reverse the judgment.

Appellant’s niece, who was eight years old at the time of trial, testified that one evening, she went with appellant, her aunt, and her four-year-old cousin to one of the family’s janitorial accounts. While the aunt was upstairs in another room, appellant put his hand between his niece’s legs, and left it there for awhile. The four-year-old was in the same room but was looking at something else. The girl was scared, and appellant hurt her.

Afterward, she went with appellant alone in a car. He told her he was going to buy her candy. He drove around the block, and stopped. He pushed her down, took her pants off, and put his hand and then his mouth between her legs. She could feel his tongue and his teeth. She couldn’t remember how long they stopped. Then he drove off, as a car was coming. He stopped and touched her again. Then he drove to Fry’s Market, where he bought her…