Green

People v. Green

Good Law
117 Cal. App. 3d 199·172 Cal. Rptr. 582·1981 Cal. App. LEXIS 1508
Court of Appeal of CaliforniaMarch 24, 1981Crim. 20813California3,816 words

Opinion

Opinion

Taylor, J.

Defendant, C. E. Green, appeals from a judgment entered on jury verdicts finding him guilty of one count of possession of heroin for sale (Health & Saf. Code, § 11351) and one count of possession of a concealable firearm by an ex-felon (Pen. Code, § 12021, subd. (a)). His major contentions on appeal are that: 1) evidence seized from his apartment and its storeroom was the fruit of an illegal search, as the affidavit failed the reliability prong of Aguilar v. Texas (1964) 378 U.S. 108 [ 12 L.Ed.2d 723 , 84 S.Ct. 1509 ]; 2) there was no probable cause to search the separate storeroom; and in any event, the search violated his right to privacy; 3) the court erred in denying, pursuant to Evidence Code section 1042, subdivision (b), his motion to disclose the identity of the various informants, as each was a material witness; and 4) the court erred in permitting the prosecution to prove his prior burglary conviction to the jury after his admission of the prior in a pretrial hearing, pursuant to People v. Hall (1980) 28 Cal.3d 143 [ 167 Cal.Rptr. 844 , 616 P.2d 826 ]. For the reasons set forth below, we have concluded that although Hall applies retroactively to the instant…

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