California, United States of America
The following excerpt is from People v. Gellock, C071929 (Cal. App. 2016):
"Our review of the trial court's [] finding that defendant voluntarily consented to the search is limited. 'The . . . voluntariness of the consent is to be determined in the first instance by the trier of fact; and in that stage of the process, "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 that power, and the trial court's findings-whether express or implied-must be upheld if supported by substantial evidence." ' (People v. James (1977) 19 Cal.3d 99, 107.)" (People v. Monterroso (2004) 34 Cal.4th 743, 758.)
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B. Analysis
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