Differences in sentences between co-offenders arising from legitimate exercises of discretion regarding utilitarian discounts, findings of special circumstances, and the application of the totality principle do not readily give rise to unjustifiable disparity, particularly where the same sentencing judge has sentenced all co-offenders and explained the reasons for the differences. Where a parity appeal depends on a co-offender's sentence that is submitted to be inadequate, the court is not bound to intervene if reducing the appellant's sentence would produce a result disproportionate to the criminality involved.
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