Piceno

Timothy Jessie Piceno pleaded guilty to one count of vehicular manslaughter without gross negligence (Pen. Code, § 192, subd. (c)(4)). The trial court sentenced him to the upper term of four years in prison, using as aggravating factors Piceno’s juvenile record, the vulnerability of the victim and the fact the crime involved a great danger of bodily harm.

Facts

On May 29, 1986, at approximately 6:10 p.m., Piceno was driving westbound on Lake Wohlford Road with two passengers in his car. As the car entered a curve at an excessive rate of speed, it skidded off the road and crushed Benjamin Lewis against a concrete wall. Lewis had been standing 20 feet from the road. Lewis, 63, suffered massive injuries to his legs and pelvis. He was transported via the Life Flight helicopter to Palomar Hospital, where he was pronounced dead on arrival.

The posted speed for the curve was 35 miles per hour. A California Highway Patrol officer determined the critical speed for the curve was 45 miles per hour. Piceno’s estimated speed was 51 miles per hour. The investigating officer characterized Piceno’s driving as reckless.

The passengers in Piceno’s vehicle said they had been drinking…