People v. Brunner

Defendant was convicted, after jury trial, of four counts of first degree murder and one count of possession of stolen vehicle. Sentence of 55 years for first degree murder was within court's discretion. Jury could easily have drawn inferences necessary to conclude beyond reasonable doubt that Defendant personally killed victim. Court is not required to consider absence of a possible aggravating factor as a mitigating factor to result in downward departure from sentence court would have otherwise imposed. (POPE and COOK, concurring.)