Opinion
No. ED 85722
May 2, 2006
Appeal from the Circuit Court of St. Louis County, Hon. Gary M. Gaertner, Jr.
Margaret M. Johnston, Columbia, MO, for Appellant.
Jeremiah W. (Jay) Nixon, Attorney General, Roger Johnson, Asst. Attorney General, Jefferson City, MO, for Respondent.
Before Nannette A. Baker, P.J. and Robert G. Dowd, Jr. and Sherri B. Sullivan, JJ.
ORDER
Tyrone Cooper ("Defendant") 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. Defendant was sentenced as a prior and persistent offender to life imprisonment. Defendant 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 Defendant entered the victim's house "unlawfully," was a disputed fact at trial.
We have reviewed the briefs of the parties and the record on appeal and find the claims of error to be without merit. An opinion would have no precedential value nor serve any jurisprudential purpose. The parties have been furnished with a memorandum for their information only, setting forth the reasons for this order pursuant to Rule 30.25(b).