People v. Payne

[681]

Opinion

THE COURT

*

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, told Police Officer Lloyd Martin “... that a male by the name of David Payne was a child molester, that David Payne lived in Pasadena near the—or next to the Mercedes-Benz dealership, that Mr. Payne was a photographer, that he had photographed kids in the nude, that he had a bedroom and a photo lab in his garage, that he committed acts of child molest with kids in this bedroom, that Mr. Payne had an orange Datsun pickup, and the informant gave me a telephone number which he said was the residence of Mr. Payne.”

1

Scott described appellant’s modus operand! as follows: “. . . Dave Payne would bring the juveniles to his home, that he did not wish his mother or his housekeeper to know that the juveniles were there, and that prior to going into his driveway, the juvenile would secrete himself somewhat in Payne’s vehicle, and that Payne would get out, leave his door open on his vehicle, go into the house and then the juvenile would go into the bedroom while Payne was inside.”