He was deprived of his constitutional right to confront witnesses at trial by not being allowed to ask them leading questions on direct examination. He was deprived of his constitutional right to compulsory process to call witnesses at trial by the refusal of the trial court and the Office of Assigned Counsel to serve subpoenas. The trial court, the Office of Assigned Counsel, or the sheriff interfered with his constitutional right to represent himself and conduct his own defense by refusing to appoint advisory counsel, by acting as a "gate-keeper" on his filings and service requests, by refusing to photocopy documents for trial, and by refusing to allow unmonitored telephone calls in jail. Evidence of his identity was obtained by an illegal search of his car and should have been suppressed. Fink now collaterally attacks the judgment of conviction in this court on multiple grounds: 1. The trial court summarily denied the petition the following day. He alleged there were numerous errors at the preliminary examination and at trial the Office of Assigned Counsel, which assists self-represented criminal defendants with service and filing of documents, refused to provide assistance the evidence was insufficient to support his convictions and his appellate attorney was ineffective for failing to raise the previously mentioned issues as grounds for reversal of the judgment. ) 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. 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.
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