Harris v. Superior Court

Opinion

ALLPORT, J.

On June 18, 1973, this court made an order staying all further proceedings in the case of People v. Harris, Los Angeles County Superior Court case number A 265568. On August 1, 1973, we issued an order to show cause why a peremptory writ of prohibition should not issue compelling dismissal of said action, the stay order to remain in effect pending determination of the petition for the writ.

The record discloses that on April 14, 1971, petitioner was of possession of heroin. On September 11, 1972, division one of this court, in an unpublished opinion, 2d Criminal number 20696, reversed the judgment upon the ground that the trial court erred in refusing to compel disclosure of the name of an informant who was determined to be a material witness. A hearing was denied November 9, 1972, by the Supreme Court.

Criminal proceedings were resumed on January 4, 1973. On that date the People disclosed the name of the informer to-be Paul Rank. Rank’s whereabouts were no longer known to the authorities. After a lengthy hearing on the question of the informer’s whereabouts and availability the court ruled on January 12, 1973, that, as of that date, the People had

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shown due diligence with regard to locating Rank following reversal of the judgment.

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The cause was then reset for trial on April 3, 1973, and continued to June 21, 1973. Trial is now stayed pending our decision herein.

It is contended that the People’s improper refusal to disclose the identity of the informant at the first trial and the failure thereafter to maintain efforts to locate him during the period following conviction and prior to reversal coupled with his disappearance will, on retrial, deprive petitioner of a fair trial and that consequently it was error to deny her to dismiss. To the contrary the People argue that the trial court’s ruling on the question was both legally and factually sound and determinative of the petition. The denial of the motion to dismiss the information, made after an in depth hearing on the question of reasonableness of the efforts made to locate the informant following reversal, was based upon the trial court’s findings and conclusions expressed as follows: “The Court: I think their duty ended in this case when the trial was over; that it was reinstated when the Court of Appeal reversed it; and that they have to show due diligence to this date with regard to finding him.