![]() ) On January 11, 2021, Fink collaterally attacked the judgment by filing a petition for writ of habeas corpus in the trial court. This court agreed a stay of execution of two of the prison terms was required, reversed the judgment, and remanded the matter with directions to stay execution of the terms and to reconsider the amounts of the fines. On appeal, Fink claimed the trial court erred by not staying execution of the concurrent prison terms imposed on three convictions and, based on the sentencing error, remand was required for reconsideration of the amounts of the restitution and parole revocation restitution fines. The trial court dismissed the prior strike conviction and on March 21, 2018, imposed an aggregate prison term of five years eight months and ordered Fink to pay a restitution fine and a parole revocation restitution fine. The jury found Fink had a prior conviction that constituted a strike under the Three Strikes law, and the trial court found he was out on bail in another case when he failed to appear in the current case. After a trial at which Fink represented himself, a jury found him guilty of three counts of using the personal identification information of another, one count of forgery, one count of burglary, two counts of possession of a forged driver's license or identification card, and one count of failure to appear while out on bail. While Fink was out on bail, he failed to appear in court for a scheduled hearing. An officer arrested Fink for burglary, searched his pockets, and found an identification card, credit card, and Social Security card with William B.'s name on them. ![]() The bank teller was suspicious of the driver's license and called the police. The check was for payment of a small claims court judgment purportedly assigned to William B., but he knew nothing about the assignment, did not know Fink, and never authorized Fink to act on his behalf. on it when he (Fink) tried to cash a check payable to William B. ) David Mark Fink (aka David Mark Gaynor) presented a driver's license with his photograph but the name of William B. The request for judicial notice is granted. D073763 have been read and considered by Justices Huffman, Irion, and Guerrero. David has received the highest rating, 'AV', by the Martindale-Hubbell law directory since 1992.Disposition Description: Petition summarily denied by order Disposition Type: Final The petition for writ of habeas corpus and request for judicial notice of the records in appeal No. He is a former Chair of the Family Law Section of the Bar Association of San Francisco, a former Chair of the Family Law Section of the State Bar of California, and served as President of the Northern California Chapter of the American Academy of Matrimonial Lawyers. David was recognized as one of the Top 10 Northern California 'Super Lawyers' in 2006, and has been selected to the 'Super Lawyers' list each year since 2004. ![]() ![]() He was honored in 2007 with the Eureka Award by Collaborative Practice California, where he has served on the Board of Directors since 2006. David is a co-founder of Collaborative Practice San Francisco and is also a member of Collaborative Practice East Bay. The focus of his work as an attorney and mediator has always been to assist clients to create their own solutions to dissolving - and forming or re-forming- marital and non-marital relationships. Berkeley and Golden Gate School of Law (with highest honors) in 1987, David has practiced Family Law exclusively since 1989 and has been Certified by the State Bar Board of Legal Specialization as a Family Law Specialist since 1993. David brings over 30 years' experience helping families in transition to his work in Collaborative Practice. ![]()
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