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STATE v. COOPER

No. SC 87787.

215 S.W.3d 123 (2007)

STATE of Missouri, Respondent, v. Tyrone COOPER, Appellant.

Supreme Court of Missouri, En Banc.

February 27, 2007.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., Roger W. Johnson, Assistant Attorney General, Jefferson City, for respondent.

Margaret M. Johnston, Office of the Public Defender, Columbia, for appellant.

STEPHEN N. LIMBAUGH, JR., Judge.

Defendant Tyrone Cooper appeals from the judgment entered upon his conviction following a jury trial for the class B felony of burglary in the first-degree in violation of section 569.160, RSMo 2000. Cooper was sentenced as a prior and persistent offender to life imprisonment. On appeal, Cooper argues the trial court plainly erred in submitting Instruction No. 5 to the jury because the instruction did not contain all of the essential...

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