California v. Glukhoy
Annotate this CaseTwin brothers, Roman and Ruslan Glukhoy, led police on two high speed chases, the second of which was in a stolen truck and culminated in a fatal collision killing two people. Separate juries found them guilty of multiple offenses and allegations.1 Ruslan, who was convicted of first degree murder with felony-murder special-circumstances, was sentenced to two terms of life without the possibly of parole. Roman, who was convicted of two counts of second degree murder, was sentenced to 30 years to life. In the published portion of its opinion, the Court of Appeal concluded the alternative-theory instructional error in Roman’s case brought about Senate Bill 1437 was harmless beyond a reasonable doubt because the evidence establishing the valid theory of direct aiding and abetting implied malice was overwhelming. In addition, the Court found that evidence was the same evidence the jury had to have credited to find defendant guilty based on the now invalid natural and probable consequences theory. In the unpublished portion of its opinion, the Court rejected the remainder of Roman's and all of Ruslan's contentions and affirmed the judgments.
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