Partlow

Defendant, Lonn Earl Partlow, appeals from an order granting probation after a jury found him guilty of second degree burglary (Pen. Code, § 459) and three counts of possession of cocaine, amphetamines, secobarbital and tuinal (Health & Saf. Code, § 11350), and acquitted him of possessing cocaine for sale (Health & Saf. Code, § 11351). He contends that: 1) prior to the trial, he was improperly denied disclosure of the whereabouts of the informer who was a material witness; 2) he was improperly denied discovery of certain evidence that could have been used to impeach the informer; 3) the court erred in allowing the possession of cocaine for sale count to remain in. the information after it had been dismissed by the preliminary hearing magistrate; 4) his motion to recuse the prosecutor should have been granted; 5) entrapment was proven as a matter of law; and 6) the court erroneously refused to give his requested instructions on entrapment. For the reasons set forth below, we have concluded that the judgment must be affirmed.

Reviewing the record in the light most favorable to the judgment, as we must, the following pertinent facts appear. About July 1, 1975, the informer,…