I would resolve the issue of the officer’s belief he had probable cause to arrest in favor of the implied factual finding by the trial court that such belief existed. (People v. Leyba (1981) 29 Cal.3d 591, 596-597 [174 Cal.Rptr. 867, 629 P.2d 961].) In all other respects, I concur with the majority.
A petition for a rehearing was denied January 5, 1990, and appellant’s petition for review by the Supreme Court was denied March 22, 1990.