700 S.W.2d 38 | Tex. App. | 1985
OPINION
Appellant, Carroll Blake Laing, appeals from an order of the County Court at Law, Wichita County, Texas, suspending his driver’s license and driving privileges for a period of 90 days. TEX.REV.CIV.STAT. ANN. art. 67011-5, sec. 2(f) (Vernon Supp. 1985).
We affirm the judgment.
Laing’s sole point of error is that there is no evidence in the record to support the order of suspension for failure to submit to a breath/blood test after being duly requested to do so by a peace officer. We disagree.
This was a bench trial and no findings of fact or conclusions of law were filed nor requested. In such instances, the judgment of the trial court implies all necessary findings of fact in support thereof. In the Interest of W.E.R., 669 S.W.2d 716, 717 (Tex.1984); Burnett v. Motyka, 610 S.W.2d 735, 736 (Tex.1980). These implied findings may be challenged by “no evidence” and “insufficient evidence” points and where such points are raised, the standard of review to be applied is the same as that to be applied in the review of jury findings or a trial court’s findings of fact. Burnett, 610 S.W.2d at 736.
In deciding a “no evidence” point, we must consider only the evidence and inferences tending to support the finding and disregard all evidence and inferences to the contrary. See Stedman v. Georgetown S. & L. Ass’n, 595 S.W.2d 486, 488 (Tex.1979). If there is any evidence or probative force to support the challenged finding, then it must be upheld. Id.
In this case, over a “hearsay” objection by Laing, a certified packet of records containing his driver’s license information was admitted into evidence through the witness Garrett. Garrett testified that he was employed by the Texas Department of Public Safety in the drivers license division and that his duties primarily consisted of
Laing’s sole point of error is overruled and the judgment is affirmed.