Castiel v. Superior Court

DOOLING, J.

Petitioner is the defendant in the case in which a previous judgment of conviction was reversed by this court in

People

v.

Castiel,

153 Cal.App.2d 653 [315 P.2d 79]. The conviction in that case was reversed on the sole.ground that the defendant (petitioner herein) is entitled to the dis

[711]

closure of the name of the informer who had been a participant in the crimes which petitioner was charged with committing. The Supreme Court denied a hearing in that appeal and our opinion has now become the law of the ease, establishing that petitioner is entitled to the disclosure of the unidentified informer’s name and cannot be legally convicted if that information is denied to him.

The ease was set for a second trial. In advance of the trial the petitioner made a motion before the trial court that the court order the district attorney to disclose the name and present whereabouts of the informer. The court denied this motion and petitioner filed his petition for writ of mandate in this court.

It is conceded by counsel for the respondent that under our previous decision the identity of the informer must be disclosed at the time of trial if the petitioner is brought to trial again. Theirs is a delaying action only, designed to conceal from petitioner the information to which he is admittedly entitled to the last possible moment and thus to handicap him as much as possible in the preparation of his defense.

It is now well settled that in a proper case the disclosure of matters which are material and substantial to the preparation of an adequate defense may be compelled in advance of the trial.

(Powell

v.

Superior Court,

48 Cal.2d 704 [312 P.2d 698];

Walker

v.