CALABRIA, Judge.
The Supreme Court of North Carolina remanded this case for reconsideration. We hold the trial court’s error was harmless beyond a reasonable doubt and preserve defendant’s sentence as determined by the trial court.
The facts described in State v. Sellers [sic], 155 N.C. App. 51, 574 S.E.2d 101 (2002) are repeated in this opinion. The State’s evidence showed that just before 2 a.m. on 28 October 1999, Randy Lee Sellars (“defendant”) entered the Pantry Convenience Store in Graham, North Carolina and told the clerk to call the police because he needed to speak to a law man. Defendant wore a uniform with an insignia which read “Department of Justice, Federal Bureau of Prisons.” He carried two guns, a 9 millimeter semi-automatic Ruger pistol, and a .380 Lorcin semi-automatic pistol. The clerk testified that defendant’s eyes were “kind of shiney [sic],” “like he had been drinking alcohol.” The clerk called 911 and told the operator a man with the Department of Justice carrying two guns wanted some Graham police officers to come to the store. Three officers responded. Officers Peter Acosta and Sam Ray (“Officer Acosta” and “Officer Ray” respectively) arrived in one police car and Officer Christopher Denny (“Officer Denny”) arrived in a separate police car. When Officer Ray arrived, he pulled up next to defendant. Officer Acosta asked defendant through [705]*705Officer Ray’s open window, what was up. Defendant responded “nothing much” and then asked them if they thought that justice had been done in the world that day. When Officer Acosta noticed defendant’s gun (the Ruger), he exited the car, drew his weapon and maneuvered to the rear passenger side. He warned Officer Denny, who was also exiting his car, that defendant had a gun and told him to get him away from the car. Officers Acosta and Denny each told defendant to put down the gun. Defendant said “I’m immortal” and asked if they believed in God. Defendant then shot into the air, maneuvered himself in front of the car and began shooting into the front of the car where Officer Ray was sitting. Officer Acosta fired at defendant, and defendant shot back at Officer Acosta. Officer Ray partially exited the car and fired a shot at defendant. Defendant then fired into Officer Ray’s car door. Officer Ray was hit in the chest, but was not injured because he was wearing a protective vest. Officer Denny was crouched behind his patrol car when defendant’s bullet struck his hand, rendering him unable to fire his weapon. During a short pause in the exchange of fire, Officer Denny ran towards the back of the Pantry building.
The gunfire between the officers and defendant occurred while customers were inside the store. When the shooting began, the customers who were in their cars ran into the store for safety. One such individual, Nathaniel Newton, was sleeping in the backseat of a vehicle stopped at the gas pumps and was awakened by the gunshots. He testified, “I sat and I thought. I was like, well, bullets hit the gas pumps and something, they could blow up, and like I could run into the store and be a little safer .... I just ducked my head and ran.” Another customer, Toby Overman, was preparing to leave the parking lot in his truck when the shooting started. He crouched down in the seat and then exited the truck. He saw defendant with his gun and held up his hands. He sought cover first behind an ATM machine, and then behind the Pantry building.
As defendant headed north on South Main Street, additional officers arrived. Officer Chris Anderson, with the assistance of a P.A. system, directed defendant to drop his weapon. Defendant waved his gun in their direction and said “Bring it on.” The officers shot defendant and were able to restrain him with handcuffs. The entire incident lasted three to four minutes. Officer Acosta recalled defendant repeatedly yelled that he “was the son of God and wouldn’t die.”
According to defendant’s evidence, he suffered from a mental illness. He was honorably discharged from the Air Force and re[706]*706ceived a 30% mental disability rating. He had been taking medication but stopped before the incident. Four experts testified that in their opinion defendant did not know right from wrong at the time of the incident.
On 7 March 2001, the jury returned guilty verdicts for three counts of assault with a firearm on a law enforcement officer, one count of assault with a deadly weapon, one count of assault with a deadly weapon inflicting serious injury, and one count of discharging a firearm into occupied property. During sentencing, the trial court found as aggravating factors for all convictions that: (1) defendant knowingly created a great risk of death to more than one person by means of a weapon or device which would normally be hazardous to the lives of more than one person; and (2) defendant committed the offenses while on pretrial release. The trial court found as mitigating factors for all convictions that defendant: (1) was suffering from a mental condition that was insufficient to constitute a defense but significantly reduced his culpability for the offenses; (2) was honorably discharged from the United States Air Force; (3) had a support system in his community; and (4) had a positive employment history or was gainfully employed. The trial court determined that the aggravating factors outweighed the mitigating factors and sentenced defendant in the aggravated range to four consecutive terms of a minimum of 31 months to a maximum of 47 months in the North Carolina Department of Correction.
I. Procedural History
Defendant appealed to this Court and in an opinion issued 31 December 2002, we found no error at trial but remanded the case for re-sentencing. State v. Sellers [sic], 155 N.C. App. 51, 574 S.E.2d 101 (2002). Upon re-sentencing, the trial court again found as aggravating factors that: (1) defendant knowingly created a great risk of death to more than one person by means of a weapon or device which would normally be hazardous to the lives of more than one person; and (2) defendant committed the offenses while on pretrial release. The trial court determined that the aggravating factors outweighed the mitigating factors and re-sentenced defendant in the aggravated range to the same term of incarceration as his initial sentence. Defendant appealed.
In an opinion issued 6 September 2005, this Court applied Blakely v. Washington, 542 U.S. 296, 159 L. Ed. 2d 403 (2004) and determined the trial judge’s consideration of evidence of aggravating [707]*707factors not found by a jury or admitted by the defendant violated the Sixth Amendment to the Constitution and warranted re-sentencing. State v. Sellars, No. COA04-289, slip op. (Sept. 6, 2005). The case was remanded to the trial court for re-sentencing.
On 19 December 2006, the Supreme Court vacated our order to remand to the trial court and remanded to this Court for reconsideration in light of State v. Blackwell, 361 N.C. 41, 638 S.E.2d 452 (2006). Blackwell applied Washington v. Recuenco, 548 U.S. 212, 165 L. Ed. 2d 466 (2006) to hold that a Blakely error is subject to harmless error review and not reversible per se.
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CALABRIA, Judge.
The Supreme Court of North Carolina remanded this case for reconsideration. We hold the trial court’s error was harmless beyond a reasonable doubt and preserve defendant’s sentence as determined by the trial court.
The facts described in State v. Sellers [sic], 155 N.C. App. 51, 574 S.E.2d 101 (2002) are repeated in this opinion. The State’s evidence showed that just before 2 a.m. on 28 October 1999, Randy Lee Sellars (“defendant”) entered the Pantry Convenience Store in Graham, North Carolina and told the clerk to call the police because he needed to speak to a law man. Defendant wore a uniform with an insignia which read “Department of Justice, Federal Bureau of Prisons.” He carried two guns, a 9 millimeter semi-automatic Ruger pistol, and a .380 Lorcin semi-automatic pistol. The clerk testified that defendant’s eyes were “kind of shiney [sic],” “like he had been drinking alcohol.” The clerk called 911 and told the operator a man with the Department of Justice carrying two guns wanted some Graham police officers to come to the store. Three officers responded. Officers Peter Acosta and Sam Ray (“Officer Acosta” and “Officer Ray” respectively) arrived in one police car and Officer Christopher Denny (“Officer Denny”) arrived in a separate police car. When Officer Ray arrived, he pulled up next to defendant. Officer Acosta asked defendant through [705]*705Officer Ray’s open window, what was up. Defendant responded “nothing much” and then asked them if they thought that justice had been done in the world that day. When Officer Acosta noticed defendant’s gun (the Ruger), he exited the car, drew his weapon and maneuvered to the rear passenger side. He warned Officer Denny, who was also exiting his car, that defendant had a gun and told him to get him away from the car. Officers Acosta and Denny each told defendant to put down the gun. Defendant said “I’m immortal” and asked if they believed in God. Defendant then shot into the air, maneuvered himself in front of the car and began shooting into the front of the car where Officer Ray was sitting. Officer Acosta fired at defendant, and defendant shot back at Officer Acosta. Officer Ray partially exited the car and fired a shot at defendant. Defendant then fired into Officer Ray’s car door. Officer Ray was hit in the chest, but was not injured because he was wearing a protective vest. Officer Denny was crouched behind his patrol car when defendant’s bullet struck his hand, rendering him unable to fire his weapon. During a short pause in the exchange of fire, Officer Denny ran towards the back of the Pantry building.
The gunfire between the officers and defendant occurred while customers were inside the store. When the shooting began, the customers who were in their cars ran into the store for safety. One such individual, Nathaniel Newton, was sleeping in the backseat of a vehicle stopped at the gas pumps and was awakened by the gunshots. He testified, “I sat and I thought. I was like, well, bullets hit the gas pumps and something, they could blow up, and like I could run into the store and be a little safer .... I just ducked my head and ran.” Another customer, Toby Overman, was preparing to leave the parking lot in his truck when the shooting started. He crouched down in the seat and then exited the truck. He saw defendant with his gun and held up his hands. He sought cover first behind an ATM machine, and then behind the Pantry building.
As defendant headed north on South Main Street, additional officers arrived. Officer Chris Anderson, with the assistance of a P.A. system, directed defendant to drop his weapon. Defendant waved his gun in their direction and said “Bring it on.” The officers shot defendant and were able to restrain him with handcuffs. The entire incident lasted three to four minutes. Officer Acosta recalled defendant repeatedly yelled that he “was the son of God and wouldn’t die.”
According to defendant’s evidence, he suffered from a mental illness. He was honorably discharged from the Air Force and re[706]*706ceived a 30% mental disability rating. He had been taking medication but stopped before the incident. Four experts testified that in their opinion defendant did not know right from wrong at the time of the incident.
On 7 March 2001, the jury returned guilty verdicts for three counts of assault with a firearm on a law enforcement officer, one count of assault with a deadly weapon, one count of assault with a deadly weapon inflicting serious injury, and one count of discharging a firearm into occupied property. During sentencing, the trial court found as aggravating factors for all convictions that: (1) defendant knowingly created a great risk of death to more than one person by means of a weapon or device which would normally be hazardous to the lives of more than one person; and (2) defendant committed the offenses while on pretrial release. The trial court found as mitigating factors for all convictions that defendant: (1) was suffering from a mental condition that was insufficient to constitute a defense but significantly reduced his culpability for the offenses; (2) was honorably discharged from the United States Air Force; (3) had a support system in his community; and (4) had a positive employment history or was gainfully employed. The trial court determined that the aggravating factors outweighed the mitigating factors and sentenced defendant in the aggravated range to four consecutive terms of a minimum of 31 months to a maximum of 47 months in the North Carolina Department of Correction.
I. Procedural History
Defendant appealed to this Court and in an opinion issued 31 December 2002, we found no error at trial but remanded the case for re-sentencing. State v. Sellers [sic], 155 N.C. App. 51, 574 S.E.2d 101 (2002). Upon re-sentencing, the trial court again found as aggravating factors that: (1) defendant knowingly created a great risk of death to more than one person by means of a weapon or device which would normally be hazardous to the lives of more than one person; and (2) defendant committed the offenses while on pretrial release. The trial court determined that the aggravating factors outweighed the mitigating factors and re-sentenced defendant in the aggravated range to the same term of incarceration as his initial sentence. Defendant appealed.
In an opinion issued 6 September 2005, this Court applied Blakely v. Washington, 542 U.S. 296, 159 L. Ed. 2d 403 (2004) and determined the trial judge’s consideration of evidence of aggravating [707]*707factors not found by a jury or admitted by the defendant violated the Sixth Amendment to the Constitution and warranted re-sentencing. State v. Sellars, No. COA04-289, slip op. (Sept. 6, 2005). The case was remanded to the trial court for re-sentencing.
On 19 December 2006, the Supreme Court vacated our order to remand to the trial court and remanded to this Court for reconsideration in light of State v. Blackwell, 361 N.C. 41, 638 S.E.2d 452 (2006). Blackwell applied Washington v. Recuenco, 548 U.S. 212, 165 L. Ed. 2d 466 (2006) to hold that a Blakely error is subject to harmless error review and not reversible per se. Blackwell, 361 N.C. at 42, 638 S.E.2d at 453.
Since this Court already determined the failure of the State to submit the issue of aggravating factors to the jury was a Blakely error, Sellars, No. COA04-289, slip op. at 1, and once decided, this issue became the law of the case, State v. Moore, 276 N.C. 142, 145, 171 S.E.2d 453, 455 (1970), the remaining issue for this panel to decide is whether the error was harmless beyond a reasonable doubt. Blackwell, 361 N.C. at 45, 638 S.E.2d at 455.
II. Harmless Error Review
“In conducting harmless error review, we must determine from the record whether the evidence against the defendant was so ‘overwhelming’ and ‘uncontroverted’ that any rational fact-finder would have found the disputed aggravating factor beyond a reasonable doubt.” Blackwell, 361 N.C. at 49, 638 S.E.2d at 458 (citing Neder v. United States, 527 U.S. 1, 9, 144 L. Ed. 2d 35, 47 (1999)). “The defendant may not avoid a conclusion that evidence of an aggravating factor is ‘uncontroverted’ by merely raising an objection at trial. Instead, the defendant must ‘bring forth facts contesting the omitted element,’ and must have ‘raised evidence sufficient to support a contrary finding.’ ” Id., 361 N.C. at 50, 638 S.E.2d at 458 (quoting Neder, 527 U.S. at 19, 144 L. Ed. 2d at 53) (internal citations omitted).
In his brief, defendant does not challenge the trial court’s finding of the aggravating factor that he committed the crime while on pretrial release under N.C. Gen. Stat. § 15A-1340.16(d)(12). Therefore this assignment of error is deemed abandoned. N.C.R. App. P. 28(b)(6) (2007). We therefore examine whether a rational fact-finder would have found beyond a reasonable doubt that defendant knowingly created a great risk of death to more than one person by means of a weapon or device which would normally be hazardous to the [708]*708lives of more than one person. In imposing this factor under N.C. Gen. Stat. § 15A-1340.16(d)(8), the judge considers whether the weapon in its normal use is hazardous to the lives of more than one person and whether a great risk of death was knowingly created. State v. Evans, 120 N.C. App. 752, 758, 463 S.E.2d 830, 834 (1995) (citing State v. Rose, 327 N.C. 599, 605, 398 S.E.2d 314, 317 (1990)).
After reviewing the evidence, we conclude the trial court’s finding amounted to harmless error beyond a reasonable doubt. It was uncontroverted that defendant fired a semi-automatic weapon during his altercation with Officer Ray. A semi-automatic pistol in its normal use is hazardous to the lives of more than one person. State v. Antoine, 117 N.C. App. 549, 551, 451 S.E.2d 368, 370 (1995). The evidence shows that defendant fired his weapon at the police officers and the police officers fired shots at the defendant while customers were inside the store. Some customers were in their cars when the shooting began and ran into the store for safety. Two customers testified they either hid in their cars or in the store to avoid the bullets. We conclude a rational fact-finder would find that a great risk of death was knowingly created to the lives of several people through defendant’s actions.
Defendant argues the trial court erred in presuming the defendant was a reasonable person in order to find he knowingly created a great risk of death. Defendant contends evidence of his mental illness was unrebutted by the State and supports a conclusion that he did not act “knowingly.” We disagree. Although defendant testified at the re-sentencing hearing that he did not know what happened that night, every person is presumed sane and the burden of proving insanity is on the defendant. State v. Dorsey, 135 N.C. App. 116, 118, 519 S.E.2d 71, 72 (1999). A diagnosis of mental illness is not conclusive on the issue of insanity. State v. Leonard, 296 N.C. 58, 65, 248 S.E.2d 853, 857 (1978). In this. case, the jury considered the issue of whether defendant’s actions were excused by the insanity defense and the jury did not find that defendant was insane. We conclude the trial court’s finding of the aggravating factor was harmless beyond a reasonable doubt.
No error.
Chief Judge MARTIN concurs.
Judge GEER dissents in a separate opinion.