California, United States of America
The following excerpt is from Tracy J., In re, 156 Cal.Rptr. 512, 94 Cal.App.3d 472 (Cal. App. 1979):
Contrary to the view of the majority, I consider the reasoning in People v. Viramontes (1978) 85 Cal.App.3d 585, 149 Cal.Rptr. 607, as persuasive in the case before us. In Viramontes, the court considered a People's appeal from a dismissal which was based upon the failure of the prosecution to disclose the identity of an informant as ordered below. The judgment of dismissal was affirmed without remand for an In-camera hearing, the court declaring that "(h)aving failed to avail themselves of the statutory procedure which 'allows the prosecutor to produce the informant In camera so that the court can determine just what the informant knows, and whether his testimony would be material on the issue of guilt' (citation), the People cannot now complain . . . ." (Id. at p. 593, 149 Cal.Rptr. p. 611.)
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