Allen

Defendant Charles Allen appeals from a conviction, after a nonjury trial, of violation of Health and Safety Code section 11351, subdivision (a) (possession of heroin for purposes of sale). This is his second appeal therefrom. On the first appeal, defendant contended that the trial court had erroneously denied his pretrial motion to require the disclosure of the identity of informants.

In a nonpublished opinion, this division held that the evidence at the hearing demonstrated a reasonable possibility that one informant “could give evidence on the issue of guilt which might result in defendant’s exoneration.” This informant reported that he was in a bar (where defendant was arrested allegedly in possession of heroin) within five minutes of such arrest. Defendant articulated .two theories of defense which a witness percipient to events immediately preceding his arrest might support. The prosecution had opposed the motion on the ground that the facts shown gave rise to no more than “mere ‘speculation’ that the informant could produce evidence favorable to the defense.” We reversed, pointing out the lack of merit of the People’s position; in light of the decision of the Third…