Acuna

*989 Opinion

— Defendant and codefendant Freída Alford were charged with possession for sale of a narcotic, heroin (§ 11500.5, Health & Saf. Code). Defendant moved to suppress the evidence under section 1538.5, Penal Code, and to disclose the identity of the confidential informant. Subsequent to the denial of both motions he withdrew his plea of not guilty and entered a plea of guilty to a violation of section 11500, Health and Safety Code, a lesser but necessarily included offense. He appeals from the judgment. The appeal is based on the trial court’s refusal to order disclosure of the identity of the informant.

No evidence was taken on the discovery motion; however the reporter’s transcript of the oral proceedings had on the motion reflects a unanimity of understanding of the following facts apparently contained in the affidavit supporting the search warrant (before the trial court but not part of the record on appeal) and the reporter’s transcript of testimony taken at the preliminary hearing (before neither the trial court nor this court).

A confidential informant gave information to Sergeant Carter, the officer, that at a certain address and in the presence of defendant he…