Goodlow

Goodlow v. Superior Court

Good Law
101 Cal. App. 3d 969·162 Cal. Rptr. 121·1980 Cal. App. LEXIS 1454
Court of Appeal of CaliforniaFebruary 7, 1980Civ. 47302California2,329 words

Opinion

Opinion

Grodin, J.

Petitioner seeks a writ of prohibition or mandate to compel respondent court to grant his motion to compel disclosure of the name of a confidential informant prior to his probation revocation hearing.

Petitioner was granted three years’ probation on March 2, 1977, after pleading guilty to a charge of selling or giving away a narcotic drug. (Health & Saf. Code, § 11352.) On October 2, 1978, he was arrested by the Pittsburg police after two officers received information from an informant' that petitioner was involved with drugs. A residence was searched and drugs and a gun were found in a bedroom allegedly occupied by petitioner and a Mr. Pender. At a preliminary hearing on January 22, 1979, criminal charges arising from the arrest and search (Health & Saf. Code, § 11350; Pen. Code, §§ 12021, 496) were dismissed because the district attorney refused to reveal the informant’s name.

On February 14, 1979, the Contra Costa County Probation Department reported on petitioner to the court, discussed the October arrest and recommended continued probation. On February 27, 1979, the district attorney filed a petition for modification or revocation of probation based on the October…

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