Leon

The trial court permits the prosecution to call as its witness defendant’s Spanish interpreter. The interpreter testifies she saw defendant commit an ambiguous act at counsel table which arguably could be incriminating. Here we conclude that admission of such evidence is prejudicial error.

Juan Chavez Leon appeals the judgment following his conviction of committing a forcible lewd act upon a child (Pen. Code, § 288, subd. (b)(1), count 1), with a finding that he committed the offense during a residential burglary with intent to commit said lewd act (§ 667.61, subds. (a) & (d)(4)); residential burglary (§ 459, count 2); false imprisonment by violence (§ 236, count 3); and dissuading a witness from making an arrest (§ 136.1, subd. (b)(3), count 4). We conclude that the court committed prejudicial error by admitting testimony from Leon’s interpreter that she saw him moving his hands over his groin while the child testified.[[/]] We affirm the judgment on counts 1, 3 and 4. We reverse the finding under section 667.61, subdivisions (a) and (d)(4), and the conviction on count 2 (residential burglary).

Facts

Yomayra, a 12-year-old girl, was home alone on a school day because…