Viramontes

This is an appeal by the People (Pen. Code, § 1238, subd. (a)(8)) from an order dismissing an information which charged defendant with possession of heroin for sale (Health & Saf. Code, § 11351). The order was entered after the People refused to disclose the identity of a confidential informant.

The following are the facts, as adduced from the evidence presented at the preliminary hearing and from the subsequent superior court hearing. Defendant, at all times during the events that transpired leading to his arrest, was a parolee under the supervision of Parole Agent Salvador Baca. As per an “Agreement of Parole,” which was admitted in evidence at the preliminary hearing and stipulated into the record at the superior court hearing, Agent Baca had the right to enter and search the parolee’s residence without first having to obtain either a search warrant or the parolee’s consent. Defendant listed as his address on the agreement a residence on Isora Street in Pico Rivera. Twice in December of 1976, and once on January 5, 1977, Agent Baca had attempted to visit with defendant at the Pico Rivera location, but only once in December was he able to find the defendant at that…