A San Diego County deputy district attorney who was a co-prosecutor in the Sagon Penn retrial was convicted of misdemeanor petty theft. Jurors in San Diego Municipal Court found Wayne Mayer, 41, guilty of stealing a power saw and a drill from a pickup truck in DeAnza Cove on June 14, apparently rejecting his claim that he was too intoxicated to recall the crime. After the verdict was read, Mayer's attorney, Peter Hughes, said the California Bar could disbar Mayer because theft is considered a crime of moral turpitude. Mayer, a 10-year veteran on paid administrative leave, did not comment. Sentencing was set for Nov. 10, and Mayer remained free without bail. Penn was acquitted of two counts of attempted murder and one charge of manslaughter in the 1985 shooting of two police officers and a civilian.