People v. Aguilera

Opinion

ASHBY, J.

By information defendant was charged with possession for sale of heroin in violation of Health and Safety Code section 11351. A pretrial hearing was held on defendant’s motion to compel disclosure of the identity of a confidential informant. The trial court ruled that disclosure was required and, when the People exercised the privilege to refuse disclosure, the trial court ordered that the charge be reduced to simple possession of heroin in violation of Health and Safety Code section 11350. The People appeal.

The evidence before the court consisted of the transcript of the…