Caplan

The trial court found Daniel Steven Caplan guilty of having Cindy B., a child under 14 years old and more than 10 years younger than him, orally copulate him on 2 separate occasions (Pen. Code, § 288a, subd. (c)), or, alternately, that Caplan committed 2 acts of lewd and lascivious conduct upon Cindy (§ 288, subd. (a)). The court sentenced Caplan to a total of three years in prison. He appeals, contending the trial court prejudicially erred when it refused to allow discovery of and introduction into evidence of Cindy’s psychiatric history and there was insufficient evidence to support the convictions. We shall conclude there was sufficient evidence to support the convictions and the trial court erred in its evidentiary rulings. We therefore reverse and remand with instructions.

I

We first set out the facts in the light most favorable to the judgment.

A.

In March 1983, Cindy, almost six years old, and her younger sister Charity were removed from the foster care of Caplan’s home and placed for adoption in Jack and Beverly B.’s home. Cindy was at first very distant and cold and refused all affection from her new parents. She made phone calls to the Caplans and didn’t…