Brogna

An information charged defendant Rodney Paul Brogna with second degree murder (Pen. Code, § 187) arising from a vehicular homicide in count I, driving under the influence of alcohol so as to cause bodily injury to another in count II (Veh. Code, § 23153, subd. (a)), and driving with a blood-alcohol level of .10 percent or above causing injury in count III (Veh. Code, § 23153, subd. (b)). The information further alleged that defendant previously had suffered a conviction for driving under the influence within five years of the commission of the instant offenses, and that he had caused bodily injury to more than one victim within the meaning of Vehicle Code section 23182.

A jury acquitted defendant on the murder charge, but found him guilty of the lesser included offense of vehicular manslaughter involving alcohol (former Pen. Code, § 192, subds. (c)(3) & (c)(4), now § 191.5), and of driving under the influence as charged in counts II and III. Although the jury specifically found that the homicide was committed with gross negligence, it concluded that defendant had not caused injury to more than one victim. Defendant was sentenced to state prison for a total term of eight…