WALTER FERCHLAND, · PDF file 2019. 10. 25. · ConditionalSentence Fee Totals:...

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Transcript of WALTER FERCHLAND, · PDF file 2019. 10. 25. · ConditionalSentence Fee Totals:...

  • THE STATE BAR OF CALIFORNIA OFFICE OF CHIEF TRIAL COUNSEL KEVIN B. TAYLOR, No. 151715 180 Howard Street San Francisco, California 94105-1639 Telephone: (415) 538-2000

    IN THE STATE BAR COURT OF THE STATE BAR OF CALIFORNIA

    IN THE MATTER OF THE CONVICTION OF:

    ) Case No. ) ) Transmittal of Records of Conviction of Attorney (Bus. & Prof.

    WILLIAM WALTER FERCHLAND, ) Code §§6101-6102; Cal. Rules of Court, rule 9.5 et seq.) No. 295677 )

    ) (OCTC Case No. 19-C-22342) ) ) [ X ] Misdemeanor; ) [ X ] Hearing required to determine whether crime(s) involves

    moral turpitude or other misconduct warranting discipline; ) [ X ] Evidence that conviction is final.

    Attorney

    )

    To the CLERK OF THE STATE BAR COURT:

    1. Transmittal of records.

    Pursuant to the provisions of Business and Professions Code, section 6101-6102 and California Rules of Court, rule 9.5 et seq., the Office of Chief Trial Counsel transmits a certified copy of the record of convictions of the following attorney of the State Bar and for such consideration and action as the Court deems appropriate:

    [X] A.

    | | B. Notice of Appeal

    [ X ] C. Evidence of Finality of Conviction (Case Summary)

    [ ] D. Other

    Name of Licensee: William Walter Ferchland Date licensee admitted to practice law or registered in California: January 17, 2014 Licensee’s Address of Record: Ferchland Law Office

    420 Tesconi Cir., Ste. D Santa Rosa, CA 95401-4681

    2. Date and court of conviction; offense(s).

    The record of conviction reflects that the above-named attorney of the State Bar was convicted as follows:

    Date of entry of conviction: Convicting court: Superior Court of California, Sonoma County

    August 9, 2018

  • SCR-716214-1Case number(s):

    Crime(s) of which convicted and classification(s): Violation of Vehicle Code §23153(b), Driving with a 0.08% blood alcohol content causing injury, one count, a misdemeanor that requires a hearing to determine whether the crime involves moral turpitude or other misconduct warranting discipline. {In re Kelley, (1990) 52 Cal.3d 487.)

    [ ] 3. Compliance with Rule 9.20. (Applicable only if checked.)

    We bring to the Court’s attention that, should the Court enter an order of interim suspension herein, the Court may wish to require the above-named attorney to comply with the provisions of rule 9.20, California Rules of Court, paragraph (a), within 30 days of the effective date of any such order; and to file the affidavit with the Clerk of the State Bar Court provided for in paragraph (c) of rule 9.20 within 40 days of the effective date of said order, showing the attorney’s compliance with the provisions of rule 9.20.

    [ X ] 4. Other information to assist the State Bar Court

    The attached Case Summary, dated and certified October 2, 2019, shows that no appeal was filed in the criminal case subsequent to the entry of judgment on August 9, 2018. (Rules of Court, rule 8.853 [notice of appeal to be filed within 30 days after rendition of judgment].)

    DOCUMENTS TRANSMITTED:

    Certified Copy of Case Summary Certified Copy of Waiver and Plea Certified Copy of Misdemeanor - Arraignment & Sentence

    THE STATE BAR OF CALIFORNIA OFFICE OF CHIEF TRIAL COUNSEL

    laiLDATED: October 23, 2019 BY: Kevin B. Taylor Senior Trial Counsel

    The Office of Chief Trial Counsel received the full set of Certified Record of Conviction on this matter on October 10, 2019.

    A copy of this transmittal and its Attachments have been sent to:

    William Walter Ferchland Ferchland Law Office 420 Tesconi Cir., Ste. D Santa Rosa, CA 95401-4681

  • Criminal

    Case Summary Case No. SCR-716214-1

    People vs. FERCHLAND, WILLIAM WALTER Location: Criminal DMV Court Code: «100 Superior Court,

    Criminal Filed on: 05/18/2018

    Case Number History: SRO-184404-1

    § § § § §

    Case Information

    StatuteOffense Jurisdiction: Santa Rosa 001. DUI ALC ONLY:BODILY INJ

    (ORIGINAL Complaint) Arrest: 04/05/2018

    002. DUI .08/MORE W/INJURY (ORIGINAL Complaint)

    002. ENH BA AGGRAVATING FACTOR (ORIGINAL Complaint)

    002. SECOND OFFENSE 23153 W/IN7YRS (ORIGINAL Complaint)

    Deg Date Case Type: Misdemeanor

    M 04/05/2018 CaseF,ags: Bail To Appear23153(a)

    23153(b) 04/05/2018M

    23578 E 04/05/2018

    23560 E 04/05/2018

    Statistical Closures 08/09/2018 Conviction - Plea of Guilty/Nolo Contendere

    Bonds Surety Bond #SV25-4900703 $25,000.00 8/9/2018 4/6/2018

    Exonerated Posted

    Case assignmentDate

    Current Case Assignment Case Number Court Date Assigned DMV Court Code

    SCR-716214-1 Criminal 05/08/2018 49100 Superior Court, Criminal

    Events & Orders of the Court IndexDate

    Defendant completed jail time and released NO COMMENT

    09/28/2018

    New Turn in Date by Work Release 9/28/2018

    09/28/2018

    Enrollment in Supervised Electric Confinement - Filed08/28/2018

    Defendant booked into Jail to commence serving jail time NO COMMENT

    08/23/2018

  • Criminal

    Case Summary case No. SCR-716214-1

    Watson Defendant knowingly and intelligently waives rights ♦Conviction Certified By Clerk of the Court Plea (Judicial Officer: Richey, Andria K)

    001. DU1 ALC ONLY:BODILY 1NJ (ORIGINAL Complaint) Not Guilty

    Charge #: 001 Allegation:

    002. DUI .08/MORE W/INJURY (ORIGINAL Complaint) *No Contest Charge #: 002 Allegation:

    002. ENH BA AGGRAVATING FACTOR (ORIGINAL Complaint) Admit

    Charge #: 002 Allegation: E01

    002. SECOND OFFENSE 23153W/IN7 YRS (ORIGINAL Complaint) Admit

    Charge #: 002 Allegation: E02

    Disposition (Judicial Officer: Richey, Andria K) 001. DUI ALC ONLY:BODILY INJ (ORIGINAL Complaint)

    Dismissal: Motion of the People Charge #: 001 Allegation:

    002. DUI .08/MORE W/INJURY (ORIGINAL Complaint) Found Guilty - Plea of Guilty/Nolo Contendere Charge #: 002 Allegation:

    002. ENH BA AGGRAVATING FACTOR (ORIGINAL Complaint) Admitted Charge #: 002 Allegation: E01

    002. SECOND OFFENSE 23153W/IN7 YRS (ORIGINAL Complaint) Admitted Charge #: 002 Allegation: E02

    Sentence (Judicial Officer: Richey, Andria K) 002. DUI .08/MORE W/INJURY (ORIGINAL Complaint)

    Conditional Sentence Fee Totals:

    A/R Processing Fee/Installment Fee PC 1205(e) DUI Violation Distribution

    35.00

    2,392.00

    2,427.00Fee Totals $ Adult Confinement

    Type: *Jail Facility: North County Detention Facility Start Date: 09/28/2018 Start Time: 7:00 PM Term Type: Jail Term Term: 75 Days Credit for Time Served - Actual: 2 Days Conduct Credit: 2 Days Comment: Total CTS: 4days(2+2); Work Release Authorized

    Probation Type: Conditional Sentence Start Date: 08/09/2018 Term: 36 Months

    Printed on 10/02/2019 at 10:54 AMPAGE 2 OF 14

  • Criminal

    Case Summary Case No. SCR-716214-1

    End Date: 08/09/2021 Status: () Status Date: 08/09/2018 Condition

    1. Restitution per 1202.4(b) of the Penal Code, $150.00, 08/09/2018, Active 08/09/2018 2. Fine of, As to Count 2 (which includes court security fee and criminal conviction fee), $2,242.00, 08/09/2018, Active 08/09/2018 3. Fine payable in monthly payments, of $75.00 beginning 9/15/2018 plus $35.00 processing fee, 08/09/2018, Active 08/09/2018 4. Fine payable through the Clerk's Office, 08/09/2018, Active 08/09/2018 5. Be of good conduct and abide by all laws., 08/09/2018, Active 08/09/2018 6. Do not commit a criminal offense, refuse a blood alcohol, test, or drive with any measurable amount of alcohol in blood., 08/09/2018, Active 08/09/2018 7. Do not drive without valid California driver's license, and insurance in effect, 08/09/2018, Active 08/09/2018 8. Do not possess or use any alcohol, 08/09/2018, Active 08/09/2018 9. Defendant to submit to warrantless search and seizure of, person, property, effects, business or vehicle any time of day or night., 08/09/2018, Active 08/09/2018 10. Defendant to submit to warrantless search and seizure of, residence any time of day or reasonable hour of night by any Probation Officer or Law Enforcement Officer., 08/09/2018, Active 08/09/2018 11. Stay out of places where alcoholic beverages are the primary, item of sale (no bars or liquor stores), 08/09/2018, Active 08/09/2018 12. Do not drive with any alcohol in system., 08/09/2018, Active 08/09/2018 13. Defendant referred to the Multiple Offender Drinking Driver, Program Attend at: Mission Council Dry Zone DUI Program 154 Capp Street, San Francisco, CA 94103 415-826- 6767, 08/09/2018, Active 08/09/2018 14. Enroll within 21 days and complete as directed, 08/09/2018, Active 08/09/2018 15. Defendant advised of Interlock conditions and requirements, 08/09/2018, Active 08/09/2018 16. Interlock to be installed for, 36M, 08/09/2018, Active 08/09/2018 17. Restitution Reserved, 08/09/2018, Active 08/09/2018

    Programs MODDP - ISmonth

    Ordered Order Date: 08/09/2018 Enroll By Date: 08/30/2018 Comment: Attend at: Mission Council DryZone DUI Program 154 Capp Street, San Francisco, CA 94103 415-826-6767

    Work Release Recommended Order Date: 08/09/2018 Enroll By Date: 08/20/2018 Duration: 71 Days

    DL Conditions Type: DUI Conviction Ignition Interlock Device Term: 36 Months BAC/Drugs: Alcohol BAG Level 0.21 Comment: Blood

    002. ENH BA AGGRAVATING FACTOR (ORIGINAL Complaint) Conditional Sentence Fee Totals:

    Printed on 10/02/2019 at 10:54 AMPAGE 3 OF 14

  • Criminal

    Case Summary case No. SCR-7162