Lanfrey

Jerome Lanfrey appeals from a judgment of conviction for assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)) with an enhancement for intentional infliction of great bodily injury (§ 12022.7) entered following a court trial. (§ 1237.) This case concerns, among other things, the public entity privilege of nondisclosure (Evid. Code, §§ 1041, 1042) as it relates to the identity of a nonparticipating eyewitness to an assault who furnished confidential information regarding the offense to the police.

Following the original decision of this court affirming Lanfrey’s conviction, Lanfrey filed a petition for review which our Supreme Court granted. The cause has been retransferred to this court with directions to determine (1) “. . . whether the undisclosed witness was an ‘informer’ within the meaning of Evidence Code sections 1041 and 1042 . . .” and (2) “. . . if so, whether disclosure is nevertheless required under Price v. Superior Court (1970) 1 Cal.3d 836, 843 [ 83 Cal.Rptr. 369 , 463 P.2d 721 ] and People v. Lee (1985) 164 Cal.App.3d 830, 835-836 [ 210 Cal.Rptr. 799 ].”

Lanfrey specifically challenges (1) the trial court’s denial of his motion to disclose the…