Estrada
People v. Estrada
Opinion
Opinion
Turner, J.
I. Introduction
Defendant, Marcos Estrada, appeals from his convictions of possession of cocaine base for sale (Health & Saf. Code, § 11351.5); cocaine for sale (Health & Saf. Code, § 11351); a controlled substance with a firearm (Health & Saf. Code, § 11370.1, subd. (a)); marijuana for sale (Health & Saf. Code, § 11359); an instrument to defraud a telephone company (Pen. Code, § 502.7, subd. (b)(1)); and a firearm by a felon (§ 12021, subd. (a)(1)). The jury also found defendant was personally armed with a firearm in the commission of the possession of cocaine base and cocaine for sale. (§ 12022, subd. (c).) Defendant argues the trial court improperly denied his motion that an in camera hearing be held concerning an informant’s identity. We conclude under the principles articulated in the People v. Luttenberger (1990) 50 Cal.3d 1, 21-24 [ 265 Cal.Rptr. 690 , 784 P.2d 633 ], that the trial court did not have the discretion to deny the motion for an in camera hearing on the ground it did. We therefore conditionally reverse the judgment so as to allow the trial court to exercise its discretion concerning the requested in camera hearing under specified circumstances.