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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication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 ordered 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 review 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, following 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 deputy responded to the neighbors’ home, and 

saw that the left side of Kraich’s wife’s face and her 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 murder (Pen. Code §§ 664,

187, subd. (a)),

1

inflicting corporal injury on a spouse (§ 273.5, subd. (a)), possession of a 

firearm by a felon (§ 29800, subd. (a)(1)) and possession of 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 commission of the charged offenses. 

After his initial 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 infliction of great bodily injury as specified in section 12022.5, subdivision (a) and 

12022.7, subdivision (e), for a total prison term of 12 years. The remaining charges and 

special allegations 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 year 

enhancement for his personal use of a firearm and another consecutive four year 

enhancement for his personal infliction of great bodily injury. Permissible fees and fines 

were imposed. The victim was awarded $7,458.43 in restitution and Kraich was given 

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 

sufficiency 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 submit 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.

DISPOSITION

The judgment is affirmed.

_________________________

Siggins, J.

We concur:

_________________________

Pollak, Acting P.J.

_________________________

Jenkins, J.