Gooch

Appellant Vernon Gooch, Sr., was found guilty of violation of sections 11351 and 11378 of the Health and Safety Code, after court trial.

Procedural Background

Prior to trial, appellant had filed a motion to quash the search warrant which had been issued for his person and residence premises. The affidavit for the search warrant, sworn to by a police officer, referred to information from an undisclosed confidential informant. The trial court granted the motion to quash the search warrant. The People took a writ and on August 18, 1980, this court issued a peremptory writ of mandate, directing the trial court to vacate its order granting the motion to quash and enter an order denying the motion.

*344 Thereafter appellant’s motion to disclose identity of the confidential informant was heard. On March 13, 1981, the trial court ordered under Evidence Code section 1042, subdivision (d), 1 that an in camera hearing be conducted on the “informant disclosure issue” prior to April 8, 1981. The hearing was held on March 13, 1981. On April 9, 1981, the trial court issued an order stating, “motion to compel disclosure of confidential informant is denied.” The matter subsequently…