Conviction and sentence for driving under the influence with a prior felony DUI conviction, driving with a blood alcohol content of 0.08 or more with a prior felony DUI conviction, driving under the influence with three or more prior DUI convictions, and driving on a suspended license are affirmed, except for modification to the judgment to stay some of the sentences, over claims that: 1) the prosecution did not establish the corpus delicti of the crime of driving under the influence; 2) the trial court had a sua sponte duty to instruct the jury on a lesser included offense of attempted driving under the influence; and 3) imposition of the upper term sentences violated his constitutional right to a jury trial.