Brown

Orr Brown appeals his conviction by a jury of molesting a child under the age of 14 years (Pen. Code, § 288, subd. (a)). Brown contends his conviction must be reversed because the court improperly admitted evidence of prior uncharged molestations and gave incomplete instructions on the subject. We reverse.

Facts

The Prosecution’s Case

In 1987, Brown lived with his wife, Tena, and his five-year-old identical twin daughters, J. and T. Brown and his wife finally separated in 1989 and divorce proceedings were commenced in June 1990.

J., who was 11 years old at the time of trial, testified that one day when she was 5 years old, and she and her sister were alone with Brown, she went into her parents’ bedroom where Brown was watching television. Brown closed the door, pulled down her panties and told her to lie down on the bed. J. called out to her sister, but Brown told her to be quiet and he would not let her sister into the room until he pulled up her panties. J. testified after her sister left, “He raped me.” She explained he put his “private thing inside my privacy.” She stated it hurt “[a] little bit, but not that much” and she asked him to stop because she had to go…