Man found guilty of residential burglary
Cole Benjamin Malone.
–On Monday, Oct. 1, a San Luis Obispo County jury found Cole Benjamin Malone guilty of first-degree residential burglary. The prosecution stems from an Aug. 2016 burglary within the City of San Luis Obispo, wherein Malone stole the victim’s bicycle from an attached-garage.
On the evening of August 31, 2016, the homeowner discovered Malone in the victim’s attached-garage and in the process of stealing a bicycle after a child reported hearing a noise in the garage. After being spotted by the homeowner, Malone immediately ran from the scene but was quickly subdued by the victim and neighbors near the residence. The City of San Luis Obispo Police Department responded and arrested Malone.
“Residential burglary is a particularly dangerous crime,” said District Attorney Dan Dow. “When an intruder violates the sanctity of a home it presents a very real potential for a violent confrontation with the resident. Fortunately, in this case the defendant was quickly subdued and no one was injured. We thank the jury for their patience in hearing this important case.”
Residential burglary is classified as a violent crime under Penal Code section 667.5(c) and is considered a “strike” under California’s Three Strikes law. Malone admitted to having previously served a prison sentence for grand theft in 2013 which adds the possibility for one additional year in prison in this case.
Sentencing in this case is scheduled for Oct. 30, at 8:30 a.m. in Department 5 of the San Luis Obispo County Superior Court, the Honorable Judge Dodie Harman presiding. Malone faces a possible sentence of up to seven years in state prison.
The case was investigated by the City of San Luis Obispo Police Department and prosecuted by Deputy District Attorney Delaney Henretty.
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