Lewis

Michael Dale Lewis, aka William Taylor, appeals from a judgment of conviction of the crimes of burglary (Pen. Code, § 459) and grand theft (auto) (Pen. Code, § 487, subd. 3) and *603 concurrently petitions for a writ of habeas corpus seeking reversal of the judgment on the ground that he was denied the effective assistance of counsel in his trial.

Facts

Penal Code Section 1538.5 Motion

After arriving at Los Angeles International Airport on the morning of June 21, 1977, Earle Martin rented a red 1977 Mercury Monarch about which he observed no visible damage on the driver’s side. Martin ultimately drove to Hollywood and checked into the Imperial 400 Motel. He was assigned room 208, and then went out for dinner. Upon his return, he parked his rental car in the motel parking lot downstairs from room 208. He locked the door after entering his room, did some work, and went to sleep at approximately 2 a.m. Martin was not disturbed during the night, and awoke at about 5:05 a.m., as is his custom. He saw that his clothes, draped over a chair when he returned, were strewn about the room. His briefcase, wallet, keys, and approximately $100 in cash were gone. Martin later found…

I dissent.

The majority holds that the two police officers had probable cause to arrest the defendant in the motel room where he was found and that the search of his person which produced various keys which led to his prosecution for burglary and grand theft was therefore a valid search. The majority thus sustains the trial court’s ruling denying the suppression-of-evidence motion. The majority also rejects the defendant’s claim that he was denied the effective assistance of trial counsel.

I find both of these holdings by the majority to be erroneous, untenable, and unsupportable by the record or the pertinent decisional law. The majority purports to accept and follow the well-settled standard of appellate review which is set forth in People v. Superior Court (Keith ley) (1975) 13 Cal.3d 406, 410 [ 118 Cal.Rptr. 617 , 530 P.2d 585 ], as follows: “A proceeding... to suppress evidence is a full hearing on the issues before the superior court sitting as finder of fact. [Citations.] The power to judge credibility of witnesses, resolve conflicts in testimony, weigh evidence and draw factual inferences, is vested in the trial court. On appeal all presumptions favor proper exercise of…

NEWMAN (J.M.), J. [*]

Michael Dale Lewis, aka William Taylor, appeals from a judgment of conviction of the crimes of burglary (Pen. Code, § 459) and grand theft (auto) (Pen. Code, § 487, subd. 3) and concurrently petitions for a writ of habeas corpus seeking reversal of the judgment on the ground that he was denied the effective assistance of counsel in his trial.

After arriving at Los Angeles International Airport on the morning of June 21, 1977, Earle Martin rented a red 1977 Mercury Monarch about which he observed no visible damage on the driver's side. Martin ultimately drove to Hollywood and checked into the Imperial 400 Motel. He was assigned room 208, and then went out for dinner. Upon his return, he parked his rental car in the motel parking lot downstairs from room 208. He locked the door after entering his room, did some work, and went to sleep at approximately 2 a.m. Martin was not disturbed during the night, and awoke at about 5:05 a.m., as is his custom. He saw that his clothes, draped over a chair when he returned, were strewn about the room. His briefcase, wallet, keys, and approximately $100 in cash were gone. Martin later found his room key, which had…