Gibbs

By information defendant was charged in count I with possession of marijuana for sale (Health & Saf. Code, § 11530.5), in count II with possession of heroin (Health & Saf. Code, § 11500), in count III with possession of cocaine (Health & Saf. Code, § 11500), and in count IV with possession of a restricted dangerous drug (amphetamine) (Health & Saf. Code, § 11910). He pleaded not guilty to all counts. Following a denial of his motion to suppress evidence (Pen. Code, § 1538.5), he withdrew his plea of not guilty as to count I and pled guilty thereto. Probation was denied and he was sentenced to state prison; the other counts charged were then dismissed. Defendant appeals from the judgment seeking review of the trial court’s order denying his motion to suppress. (Pen. Code, § 1538.5, subd. (m).)

I.

The evidence adduced at the section 1538.5 hearing consisted of the testimony of the arresting officer and of the defendant. Not unexpectedly, the testimony was in conflict. The trial court made it clear that the question of credibility was its threshold,problem .and .that it,w,as resolving that issue against defendant and accepting the officer’s version as the more probable.…