Esparza

Defendant was convicted in a court trial of vehicular manslaughter in violation of former Penal Code section 192, subdivision (3)(a) (count 2), two counts of driving under the influence and causing death or injury in violation of Vehicle Code section 23153, subdivision (a) (counts 3 & 4), and one count of driving with a suspended license in violation of Vehicle Code section 14601, subdivision (a) (count 5). The court also found true seven misdemeanor priors of driving under the influence.

Defendant was acquitted of murder (Pen. Code, § 187) and a charge of driving a vehicle without consent of the owner (Veh. Code § 10851) was dismissed.

Defendant was sentenced to the upper term of four years in state prison on count 3, driving under the influence and causing injury, and a subordinate consecutive eight-month prison term on count 2, vehicular manslaughter. The sentence on count 4 (driving under the influence) was stayed. Following a protracted hearing, defendant was granted 325 days presentence actual credit. The court also ordered the sentence be served consecutive to two unrelated misdemeanor terms.

On appeal, defendant asserts error in sentencing only. He claims he…