Payne

David Michael Payne was convicted by plea of two counts of child molestation (Pen. Code, § 288). Prior thereto, he unsuccessfully brought a motion pursuant to Penal Code section 1538.5. Suspended state prison sentences were imposed and probation was granted on certain terms and conditions, inter alia, the service of one year in the county jail. As authorized by Penal Code section 1538.5, subdivision (m), he appeals contending that the suppression motion was erroneously denied.

Preliminarily we note that “[a] proceeding pursuant to section 1538.5 is one in which factual issues are resolved by the court sitting as a finder of fact. [Citation.] ‘In such a proceeding the power to judge the credibility of the witnesses, resolve any conflicts in the testimony, weigh the evidence and draw factual inferences, is vested in the trial court. On appeal all presumptions favor the exercise of that power, and the trial court’s findings on such matters, whether express or implied, must be upheld if they are supported by substantial evidence.’ [Citation.]” (People v. Rios, 16 Cal.3d 351, 357 [ 128 Cal.Rptr. 5 , 546 P.2d 293 ].)

On various occasions, Steve Scott, a reliable informant,…