People v. Lee

Defendant was charged with possession of phencyclidine (PCP) for sale. (Health & Saf. Code, § 11378.5.) Defendant moved for discovery and disclosure of the identity of a confidential informant. The court conducted an in camera hearing to question the informant and after the closed examination denied defendant’s motion. Thereafter, the trial court, sitting without a jury, found defendant guilty as charged. The trial court granted defendant probation on the condition she serve a preliminary period of local incarceration of 365 days. Defendant filed a timely notice of appeal.

On September 23, 1983, this court filed a per curiam opinion reversing the judgment of conviction. We instructed the trial court to review the transcript of the previous in camera hearing and to conduct a further hearing under Evidence Code section 1042, subdivision (d). The trial court was instructed to reinstate the judgment if it found no reasonable possibility nondisclosure of the informant’s identity would deprive defendant of a fair trial. In the event the trial court found such a reasonable possibility, the Court of Appeal directed the judgment be modified to reflect a conviction of possession…