Aguilera

By information defendant was charged with possession for sale of heroin in violation of Health and Safety Code section 11351. A pretrial hearing was held on defendant’s motion to compel disclosure of the identity of a confidential informant. The trial court ruled that disclosure was required and, when the People exercised the privilege to refuse disclosure, the trial court ordered that the charge be reduced to simple possession of heroin in violation of Health and Safety Code section 11350. The People appeal.

The evidence before the court consisted of the transcript of the preliminary hearing, the affidavit for a search warrant, and Officer Maytorena’s testimony at the hearing on the motion, which was held in open court. The preliminary hearing testimony indicated that on April 16, 1975, in the afternoon or early evening Los Angeles Police officers served a search warrant at defendant’s residence on East 22d Street in Los Angeles. Officer Maytorena went to the front door; Officer Van Gelder was stationed at the rear door. Officer Maytorena announced his identity and purpose and sought admission. Upon hearing Officer Maytorena’s announcement, Officer Van Gelder observed…