People v. Sundberg CA4/1

Filed 3/12/26 P. v. Sundberg CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D086013

Plaintiff and Respondent,

v. (Super. Ct. No. SCD132737)

KELLY SUNDBERG,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Peter C. Deddeh, Judge. Affirmed. Kelly Sundberg, in pro. per.; and John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

This is an appeal from the denial of a petition for release and

restoration of sanity under Penal Code1 section 1026.

1 All statutory references are to the Penal code.

Kelly Sundberg was found not guilty by reason of insanity after a jury trial in 1999. He was committed to the Department of State Hospitals under section 1026. In 2024, Sundberg filed a petition for release. The trial court held an evidentiary hearing and denied Sundberg’s petition for release. Sundberg filed a timely notice of appeal. Appellate counsel has filed a brief pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 indicating counsel has not been able to identify any arguable issues for reversal on appeal. Counsel asks the court to exercise its discretion to independently review the record for error. We advised Sundberg of his right to file his own brief on appeal. Sundberg has responded with a supplemental brief which includes excerpts from various transcripts and some documents regarding his own background and mental history. Basically, Sundberg challenges the truthfulness of the evidence and seeks to reweigh the evidence. The supplemental brief does not identify any arguable issues for reversal on appeal. STATEMENT OF FACTS Appellate counsel has provided a useful summary of the evidence presented at the evidentiary hearing. We will incorporate that statement of facts into this opinion to provide background. A. The Committing Offense Sundberg was born in 1955. In November 1997, Sundberg attacked his elderly father with a hammer while he was sleeping in his bed. Sundberg’s father woke up. Sundberg tried to strangle his father and said, “you fucked me up all my life.” Sundberg had a history of paranoia and believed other people, including his family, were trying to harm him.