In Re Malcolm M.
People v. Malcolm M.
Opinion
Opinion
At age 10, appellant Malcolm M. joined several of his relatives in robbing and beating to death 69-year-old Alejandro Escareno. As a result, he was found to have committed first degree murder (Pen. Code, §§ 187, 189) and robbery (§ 211), and was adjudged a ward of the juvenile court (Welf. & Inst. Code, § 602). The maximum period of confinement was declared to be 25 years to life, but a commitment to the former California Youth Authority (CYA) was stayed due to Malcolm’s age. Instead, Malcolm was committed to the Ashjian Treatment Center for 365 days, and ordered placed in a group home after that period. In pertinent part, he was also ordered to obey all laws and not to associate with any known gang members.
On October 3, 2003, Malcolm was found to have complied with the terms of his rehabilitation plan, and was furloughed from his group home placement in San Jose to reside with his mother in Fresno. All prior orders remained in effect, in addition to which Malcolm was ordered not to visit his grandmother E.’s home on Garrett Street.
On June 18, 2004, a supplemental petition for modification (Welf. & Inst. Code, § 777) was filed, alleging that Malcolm had…