People v. Kraich CA1/3

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.

1 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…