McGiffen

MEMORANDUM DECISION

The following factual background may be helpful in understanding the discussions of the numerous motions that are presently pending before the Court in this matter.

The defendants in this case were variously charged by complaint filed in the Municipal Court of the County of Stanislaus, State of California, on September 7, 1982, with violations of the California Health and Safety laws pertaining to the possession and sale of controlled substances. The matter proceeded to preliminary examination on November 2, 1982, at which the prosecution had agreed to produce a witness, to wit: one who served as a confidential informant in the matter leading to the arrest of all three defendants. The defendant Ballester’s motion to dismiss was granted.

The prosecution promptly filed a sécond complaint against the defendant Ballester, charging him with one count of § 11352 of the California Health and Safety Code. Defendant Ballester filed a second motion to dismiss pursuant to California Penal Code § 995, which was granted on May 23, 1983. Finally, on July 14, 1983, while similar motions were pending on behalf of the defendants McGiffen and Hayes, the Stanislaus County…