State v. Cooper

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 elements of the offense charged, and the missing element — that Cooper entered the victim’s house “unlawfully” — was a disputed…