Estrada

Certified for Partial Publication [1]

BENKE, Associate Justice.

Robert Gene Estrada was found guilty of possession of cocaine for sale and admitted an allegation within the meaning of Health and Safety Code section 11370.4, subdivision (a)(5), that the amount of cocaine possessed was in excess of 40 kilograms. He was sentenced to a term of 24 years. Estrada appeals, arguing he was denied the right to a fair trial by the misconduct of counsel for a co-defendant and that the trial court erred in failing to require the prosecution to reveal the identity of a confidential informant. We reverse.

Beginning at 4:30 p.m. on June 8, 1995, officers of the Imperial County Narcotics Task Force placed appellant's El Centro home under surveillance. As the officers watched, appellant and another man looked at a pick-up truck parked in the driveway. Two other vehicles drove up and parked near the house. The drivers of both vehicles got out, walked together to the side of appellant's garage and disappeared from view. About 10 minutes later they reappeared, got into their vehicles and departed. One of the men was co-defendant Miguel Fonseca.

At about 6:40 p.m., appellant's 17-year-old daughter…