People v. Rubalcava CA6

Filed 8/22/14 P. v. Rubalcava CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H040024

(Santa Clara County Plaintiff and Respondent, Super. Ct. No. 211896)

v.

PAUL RUBALCAVA,

Defendant and Appellant.

Paul Rubalcava (Rubalcava) appeals from a July 25, 2013 order committing him as a sexually violent predator (SVP) to an indeterminate term in the custody of the California Department of Mental Health (DMH) pursuant to Welfare and Institutions Code1 section 6600 et seq., the Sexually Violent Predator Act (SVPA or Act).2 Rubalcava mounts several constitutional challenges to the SVPA and maintains that the court's determination that he is an SVP was not supported by sufficient evidence. We find Rubalcava's…