In Re Herron
Opinion
Lead Opinion
Waste, J.
William F. Herron is an attorney at law, duly admitted to practice in all the courts of this state. The State Bar of California, through its board of governors, filed in this court a certified copy of a judgment of the Municipal Court of the City and County of San Francisco, from which it appeared that said William F. Herron was, on the twentieth day of July, 1931, convicted in that court of the crime of petit theft, a misdemeanor involving moral turpitude. By the terms of this judgment, it was ordered “that as a punishment therefor the said defendant be imprisoned in the county jail of the City and County of San Francisco, State of California, for the period of thirty days. Sentence suspended.”
No appeal was taken from this judgment, but, on February 25, 1932, more than seven months thereafter, an ex parte order was made by the same judge that had imposed sentence, to the effect that the judgment be “vacated and set aside, and the above entitled action is hereby dismissed”. Subsequently, and on March 22, 1932, another order was made by the same judge, in which, after reciting the judgment of conviction against the defendant and after reciting that the sentence and suspension had…