King’s new defense attorney, Peter Goldscheider, filed notice of an appeal Aug. 16, according to the First Appellate District Court. The question now is whether the court will grant the request, giving King another opportunity to avoid two felony convictions, or deny the motion, propelling him to more than a month in the Sheriff’s Work Program.

Goldscheider said he hasn’t yet seen the trial transcript but expects it to be finished in approximately one month.

Original defense attorney Chuck Smith believes Wednesday’s hearing will simply involve setting a new review conference in a few months.

Prosecutor Sean Gallagher did not protest the delay in King’s sentence and has no reason to push for its start at Wednesday’s appearance, said Chief Deputy District Attorney Steve Wagstaffe.

Any appeal is now handled by the state Attorney General’s Office rather than the local District Attorney’s Office.

In April, after a two-week trial, a jury found King, 64, guilty of defrauding the then-named South County Fire Authority of more than $13,000 through false invoices submitted by political consultant Margaret “Peg” Collier. The authority is now known as the Belmont-San Carlos Fire Department.

Collier, 68, who pleaded no contest to misdemeanor fraud for her role, testified King directed her to bill the authority for outplacement work she never completed.

The authority hired Collier at King’s request in fall 2003 to help pass Measure I. The parcel tax was meant to pay firefighters’ salaries. When it failed, seven employees lost their jobs and another three were demoted. The financially limited campaign ended without the funds to repay Collier roughly $17,000 for fliers and postage. Paying campaign expenses with public money is against the law.

In February 2004, King faxed Collier what he said was simply a template of how to bill work he thought was completed. However, Collier testified she never helped firefighters find new jobs and King knew it.

Judge Barbara Mallach sentenced King to three years supervised probation and two concurrent 45-day sentences — half of the time recommended by the probation report — which can be served either at the jail or through the work program in which participants pick litter from the road, stuff envelopes or other chores within the county.

King already lost one fight, to reduce the felony convictions to misdemeanors prior to sentencing and to receive 100 hours of community service rather than incarceration.

Until he reads the transcript, Goldscheider said he has only a general knowledge of the case and isn’t ready to cement possible points for appeal.

King’s appeal may be based on arguments Smith made during trial and sentencing: that the South County Fire Authority he was accused of defrauding does not fall under the law.  Mallach denied a request for new trial on that premise but Smith held fast that the authority isn’t covered by the penal code’s fraud laws.

Goldscheider did not return a call for comment.

Michelle Durand can be reached by e-mail: michelle@smdailyjournal.com or by phone: (650) 344-5200 ext. 102. What do you think of this story? Send a letter to the editor: letters@smdailyjournal.com.