People v. Gilbert R.

Opinion

TURNER, P. J.—

I.

Gilbert R„ a minor, appeals from a wardship order resulting from a juvenile court determination he committed an assault with a firearm and a finding a principal in the commission of the offense was armed with a handgun. (Pen. Code, §§ 245, subd. (a)(2), 12022, subd. (d).) In the published portion of this opinion, we hold that the minor’s Fourth Amendment search and seizure rights were not violated when he consented to accompany two detectives to a police station for purposes' of interrogation.

[1124]

The minor argues that his confession was the product of an unlawful detention. Prior to the adjudication hearing, the minor moved to suppress his confession on search and seizure grounds pursuant to Welfare and Institutions Code section 700.1. The motion was denied. The following is the standard of review we are required to apply on appeal: “Accordingly, we reaffirmed in

[People

v.

Lawler

(1973) 9 Cal.3d 156, 160 (107 Cal.Rptr. 13, 507 P.2d 621)] that for the purpose of finding those facts ‘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.’ ”

(People

v.

Leyba

(1981) 29 Cal.3d 591, 596-597 [174 Cal.Rptr. 867, 629 P.2d 961]; accord,

People

v.

Clair

(1992) 2 Cal.4th 629, 678 [7 Cal.Rptr.2d 564, 828 P.2d 705].) When that standard of review is applied, the following was the state of the evidence taken in a light most favorable to the order denying the suppression motion.