Borunda

Defendant was charged in two counts with possession for sale of heroin and possession for sale of marijuana (Health & Saf. Code, §§ 11351, 11359). The trial court dismissed all charges following the People’s refusal to disclose the identity of a confidential informant. The People appeal from the order of dismissal pursuant to Penal Code section 1238, subdivision (a)(8).

The prosecution evidence at the hearing on the motion to compel disclosure was as follows: Los Angeles Police Officer Lawrence Parino received information on April 4 and 5, 1974, from two confidential informants. Informant Number One said that Richard Borunda was currently trafficking in large quantities of heroin and described Borunda as a male Mexican, five nine to five ten, 160 pounds, with black hair and brown eyes. The informant stated that within the past two weeks he was present when Borunda delivered two ounces of heroin to a male in the Highland Park area. This informant had previously given information leading to arrests and seizures of large quantities of heroin.

Informant Number Two told Officer Parino that Richard Borunda, who lived at 4869 Templeton, was dealing in heroin. He said that…