A jury convicted Manuel Javier Hernandez of cocaine trafficking, misdemeanor obstruction of an officer, and reckless driving. This court previously affirmed the convictions but held that the trial court erred in failing to hold an in-camera hearing to determine whether the State was required to reveal to the defendant the identity of its confidential informant. Hernandez v. State , 291 Ga. App. 562, 571 3 662 SE2d 325 2008. Absent such a hearing, “the currently existing facts of the case . . . required the disclosure of the informant’s identity,” and the failure to do so constituted error. Id. We remanded the case for the trial court to conduct a post-trial hearing and determine whether the error was harmless. Id. The trial court conducted an in-camera hearing with the confidential informant, and issued an order concluding that the State’s failure to reveal the informant’s identity to Hernandez was harmless error. For the reasons that follow, we affirm. As described in our previous opinion, the evidence at trial showed that in April 2005, a confidential informant introduced an undercover officer to Hernandez and Flavio Garcia. Id. at 563. The men negotiated the purchase of five pounds of methamphetamine for $65,000, and Hernandez and Garcia left to obtain the drugs. Id. The confidential informant left the scene and was not present when Hernandez and Garcia returned, followed by another vehicle containing five pounds of methamphetamine. Hernandez, Garcia, and three other men were arrested for trafficking in methamphetamine. Id.
Before trial, Hernandez moved to require the State to reveal the identity of the confidential informant involved in the drug transaction. Id. at 568 3. Following a hearing, the trial court denied the motion without conducting an in-camera hearing to determine whether the confidential informant’s testimony was material to the defense and if so, whether the defendant’s interest in knowing the identification outweighed the State’s interest in keeping it secret. Id. At trial, the undercover officer testified that the informant introduced him to Hernandez and Garcia, that he discussed the drug buy with and showed the money to both men, and that Hernandez said “he could do the five pounds.” Id. at 570. Garcia walked away and made a phone call, then returned to say he could obtain five pounds of meth with no problem, but would have to retrieve it from Atlanta, according to the agent. Id.
