Bartow

Rodney J. Bartow (appellant) was found guilty by jury of the following offenses: (1) driving under the influence of alcohol causing injury (Veh. Code, § 23153, subd. (a)); (2) driving under the influence of an alcoholic beverage with a blood-alcohol level of .08 percent or above (Veh. Code, § 23152, subd. (b)); and (3) hit-and-run driving, a misdemeanor (Veh. Code, § 20002, subd. (a)). In the second phase of a bifurcated trial the jury also found the following prior convictions true: (1) reckless driving involving alcohol (Veh. Code, § 23103.5); and (2) willful discharge of a firearm with gross negligence in which the appellant personally used a firearm in the commission of that offense (Pen. Code, § 246.3). The latter section 246.3 allegation was also found by the court to be a prior “serious felony” conviction within the meaning of sections 667 and 1192.7, subdivision (c)(8).

Appellant was sentenced to state prison for four years as follows: two years for the first driving under the influence conviction, doubled to four years pursuant to section 667, subdivision (e)(1), six months for the hit-and-run driving conviction, to be served concurrently, and an additional two…