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Lee v. Department of Motor Vehicles3/16/1983
of booking. Officer Sezgen also testified that the notation as to the scar was not on the booking sheet when he filled it out. The only other evidence regarding appellant's injury is his copy of an emergency admission form from Mary's Help Hospital which indicates the time of admission as 11:40.
Where there is conflicting evidence, as in the case at bar, " presumption being in favor of the judgment, the court must consider the evidence in the light most favorable to the prevailing party, giving him the benefit of every reasonable inference, and resolving conflicts in support of the judgment." (6 Witkin, Cal. Procedure (2d ed. 1971) Appeal, § 245, p. 4236; italics deleted.)
Resolving the conflict between the testimony of Officer Sezgen and the booking sheet notation in favor of the judgment, we must conclude that substantial evidence supports the absence of injury at the time of refusal. Moreover, as noted above, appellant's assertion that his injury would have affected his ability to effectively refuse consent was wholly unsubstantiated.
The judgment is affirmed.
Disposition
The judgment is affirmed.
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