P. v. Gomberg 6/30/10 CA6

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: H033519

Case Date: 10/21/2010

Preview:Filed 6/30/10 P. v. Gomberg 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, Plaintiff and Respondent, v. DAVID GOMBERG, Defendant and Appellant.

H033519 (Santa Clara County Super. Ct. No. 210942)

A jury found David Gomberg to be a sexually violent predator (SVP). On appeal from the resulting order of commitment, he contends that the court lacked fundamental jurisdiction and violated his due process rights because after the petition was filed, the matter was held in abeyance for nearly three years while he served a prison term in Oregon. He further contends that the court erred by denying his request for a probable cause hearing, made while he was incarcerated in Oregon, and that the Department of Mental Health (DMH, Department) irreparably marred the proceedings by conducting his initial evaluation under a protocol since held to constitute an invalid "underground regulation" adopted in violation of Government Code section 11340.5 (

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