Green
People v. Green
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…