OPINION
KENNEDY, Justice.
Appellant was indicted with Larry Fernandez for the offense of burglary of a habitation. The case was tried to a jury. During the deliberations on guilt or innocence, the jury sent out a note indicating they were deadlocked 7-5 (yes-no). The Court then sent in an "Allen" or "dynamite" charge to which appellant objected. See Allen v. United States
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