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Judge denies defense’s motion for a new trial
Jerry Upson has been sentenced to life without parole for murdering Kenneth Simmons on Oct. 28, 2023.
A jury found Upson guilty of first-degree murder Nov. 8.
At a hearing Dec. 17, Judge Daniel Goodell handed down the mandatory sentence for Upson under the state Persistent Offenders Accountability Act, or “three strikes” law.
The law, passed by a voter initiative in 1994, requires life without parole for those convicted of three serious felonies.
Upson immediately appealed the verdict and sentence.
Upson was seen on surveillance video with a handgun entering and leaving the victim’s home numer...
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