1

Filed 9/19/14 P. v. Kraich CA1/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication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 or dered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,
Plaintiff and Respondent,

v. DANE FEL KRAICH,
Defendant and Appellant. A140365

(Mendocino County Super. Ct. No. SCUKCRCR 12

- 20608

- 2)

Dane Fel Kraich appeals from a judgment following his guilty plea as a result of a
negotiated disposition. His court

- appointed counsel has filed a brief seeking our
independent re view of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 to
determine whether there are any arguable issues on appeal. We conclude there are no
issues requiring further review and affirm.

BACKGROUND
On the evening of Valentine’ s Day 2012, follo wing a day of drinking and an
argument, Kraich shot his wife as she was leaving their home. She later escaped and
went to a neighbor’s home. A sheriff’ s de puty responded to the neighbors’ home, and

saw that the left side of Kraich’ s wife’ s face and he r left eye were swollen

. There was

blood on her neck and she had a bullet wound in her back

. She was airlifted to the
hospital and survived

.2

Kraich was charged by information with attempted mur der (Pen. Code §§ 664,

187 , subd. (a))

, 1 inflicting corp oral injury on a spouse (§ 273.5 , subd. (a)) , possession o f a
firearm by a felon (§ 29800 , subd. (a)(1)) and possession o f ammunition by a felon (§

30305 , subd. (a)). The counts for attempted murder and corporal injury on a spouse were

enhanced under section 12022.53 , subdivision (d) for Kraich’ s personal use of a firearm,

and all counts were enhanced under section 667.5 , subdivision (b) because Kraich had
served a term in prison in Idaho within five years of commis sion of the charged offenses.

After his in itial plea of not guilty, Kraich reached an agreement with the
prosecution to enter a guilty plea to one count of inflicting corporal injury on a spouse in

violation of section 273.5 , subdivision (a), enhanced for his personal use of a firearm and

his infl iction of great bodily injury as specified in section 12022.5 , subdivision (a) and

12022.7 , subdivision (e)

, for a t otal prison term of 12 years. The remaining charges and
special allegation s were to be dismissed. Following the requisite admonitions and
waivers of rights, Kraich entered a no contest plea to the agreed charge and admitted the

enhancements. Kraich was sentenced in accordance with the plea agreement to the
aggravated term of four years in prison for corporal injury on a spouse with a four y ear enhancement for his personal use of a firearm and another consecutive four year
enhancement for his personal infl iction of great bodily injury. Permissibl e fees and fines
were imposed. The victim was awarded $7,458.43 in restitution and Kraich was gi ven 738 days of pre

- sentence credit.
His appeal was timely.

DISCUSSION
Based upon our review of the record, we have no reason to question the

sufficie ncy of the court’ s advisements, Kraich’ s waivers or the explanation of the
consequences of his plea. His plea appears to be free, knowing and voluntary. We have
no reason to question the plea or the sentence imposed

.

1 Further statutory references are to the Penal Code unless otherwise noted.3

Kraich’ s counsel has represented that he advised Kraich of his intention to file a

Wende brief in this case and of Kraich’ s right to submi t supplemental written argument

on his own behalf. He has not done so. Kraich has also been advised of his right to
request that counsel be relieved.

There was no error. Our full review of the record reveals no issue that requires
further briefing.

DIS POSITION
The judgment is affirmed.

_________________________ Siggins, J.

We concur:

_________________________ Pollak, Acting P.J.

_________________________ Jenkins, J.