Soledad

Defendant, Timothy Ray Soledad, was charged by information as follows: Counts I-III—vehicular manslaughter with gross negligence involving alcohol (Pen. Code, § 192, subd. (c)(3)), 1 count IV—driving while under the combined influence of alcohol and a drug causing injury (Veh. Code, § 23153, subd. (a)) and count V—driving with a blood alcohol level of 0.10 causing death and bodily injury (Veh. Code, § 23153, subd. (b)). The district attorney then amended the information to allege two prior convictions (Veh. Code, §§23152, subd. (a) and 23152, subd. (b)). Defendant admitted the prior convictions.

After jury trial, defendant was found guilty on all counts. On the same date, the court conducted a hearing to clarify a discrepancy in the verdicts and the court held the five guilty verdicts were true verdicts.

At the sentencing hearing, the court denied defendant probation and sentenced him to state prison for the upper term of eight years on count I. *77 The court also imposed the upper term of eight years on counts II and III and the upper term of three years on counts IV and V. The court stayed sentences on counts II-V pursuant to section 654. Defendant filed a timely…