In Re Herron

WASTE, C. 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,

[402]

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 expired on the nineteenth day of August, 1931, and after referring to the making of the order of February 25, 1932, setting aside, vacating and dismissing the judgment of conviction, it is stated:

“That the same was inadvertently made after the court had lost jurisdiction thereof, and good cause otherwise appearing therefor,

“It Is Hereby Ordered that the order setting aside said judgment of conviction be, and the same is hereby recalled, vacated and set aside.”

If the conviction has become final and has not been set aside, this court, under sections 287 and 299 of the Code of Civil Procedure, has no election, but must disbar respondent. (See, generally,

In re Jacobsen,

202 Cal. 289 [260 Pac. 294].)

On the record thus presented this court issued its order directing the respondent to show cause why his name should not be stricken from the roll of attorneys and counselors at law of this court, and he be precluded from practicing in this state; and, at the same time, there were submitted to the respondent and to The State Bar the following questions: What effect, if any, had the original order suspending sentence of the municipal court; what effect, if any,