Walker

I. Introduction

In this appeal, defendant, Tyrant Ote Walker, challenges his conviction for the sale or transportation of cocaine (Health & Saf. Code, § 11352) on the ground that the trial court failed to make an adverse finding after sustaining a police officer’s invocation of a privilege pursuant to Evidence Code section 1040. We determine that the trial court acted properly and affirm the judgment.

II. Procedural History

Defendant was convicted of one count of sale or transportation of a controlled substance. Defendant filed a new trial motion on the sole ground that the trial court erred in allowing the officer to invoke a confidential privilege for his surveillance location. At the hearing on the motion, defendant asserted the officer’s testimony should have been stricken. The trial court concluded that based on the evidence at trial nothing could have been gained by knowing the officer’s exact location and denied the motion. Defendant was sentenced to a three-year prison term.

III. Facts

A. The Prosecution’s Case

At the trial, Long Beach Police Officer Joseph Bahash testified that on Sunday, October 2, 1988, he was working in uniform on a surveillance of a…