People v. Austin

Defendant appeals from a judgment of conviction for sale of heroin (Health & Saf. Code, § 11501). The sole issue raised on appeal is whether Eleazer v. Superior Court, 1 Cal.3d 847 [ 83 Cal.Rptr. 586 , 464 P.2d 42 ], decided January 30, 1970, is to be applied retroactively to cases tried after its announcement btit where the last meaningful police contacts with the informant occurred prior to the filing of that opinion.

Defendant was convicted on the testimony of an undercover police officer who, on August 29, 1969, pursuant to information received from an informant, went to defendant’s apartment and with $20 of county funds purchased from him the contraband substance. The informant, Reuben Madrigal, was present during the transaction but disappeared shortly thereafter.

*701 The police made no positive efforts to find the informant until so ordered by the court on March 23, 1970, over six months after the defendant’s arrest on September. 8, 1969. After considerable investigation the police were unable to find Madrigal who, they were told, had become aware that the police were searching for him and was “hiding out.” Defendant now argues that on the basis of these events,…