Archuleta

People v. Archuleta

Good Law
16 Cal. App. 3d 295·1971 Cal. App. LEXIS 1587·93 Cal. Rptr. 881
Court of Appeal of CaliforniaMarch 26, 1971Crim. No. 943California1,845 words

Opinion

Lead Opinion

Brown, J.

*297 Opinion

Defendant appeals from a judgment entered upon his plea of guilty to violation of Health and Safety Code section 11530 (possession of marijuana).

The sole ground urged for reversal is the refusal of the trial court to disclose the identity of a confidential informant or, in the alternative, to dismiss the case.

At approximately 3:20 p.m. on August 13, 1969, Officer Russell Williams received a telephone call from a confidential informant he had used on several occasions in the past and who had proven reliable. The informant told the officer, in substance, that there were three subjects in a black Volkswagen with long hair and without shirts, who were drinking beer and believed to be smoking “pot,” and they would be in the downtown area shortly.

Very soon thereafter, the officer stopped a black Volkswagen, occupied by three persons. Appellant was seated in the right front. While checking the driver’s identification, the officer noted a pistol lying on the right front floorboard and a rifle on the right rear floorboard. He also observed opened and unopened beer cans in the car and a brown paper sack “sitting between the driver’s feet, right up against the seat of the…

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