concurring.
I concur with the majority opinion. However, I wish to add that I agree with the views expressed by Justice Exum in section IV. of his dissenting opinion. In my opinion, the comparison pool for proportionality review for first degree murder cases should include all cases tried under the present death penalty statute which have been affirmed on appeal by this Court, regardless of the punishment imposed. I think it is time for this Court to address this issue.
Chief Justice BRANCH joins in this concurring opinion.