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P. v. Cooper
A jury found defendant Jason Leroy Cooper guilty of first degree murder with special circumstances and conspiracy to commit murder and also found true enhancements attached to both counts. The court sentenced him to life without the possibility of parole for the murder with special circumstances, a consecutive 25 years to life for the conspiracy, and additional terms for the enhancements. On appeal, defendant contends the trial court erred in: (1) retaining a juror who was allegedly sleeping during trial; (2) imposing punishment for conspiracy to commit murder in light of the punishment for murder; and (3) imposing the upper term on the enhancement for personal use of a firearm in violation of his right to a jury trial. Agreeing only with defendants second contention, Court modify the sentence and affirm the judgment as modified.

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