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RODRIGUEZ v. STATE

No. 83-2066.

462 So.2d 1175 (1985)

Orestes RODRIGUEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 19, 1985.

Attorney(s) appearing for the Case

Jon W. Burke and Linda Dakis, Miami, for appellant.

Jim Smith, Atty. Gen., and Randi B. Klayman, Asst. Atty. Gen., for appellee.

Before NESBITT, DANIEL S. PEARSON and JORGENSON, JJ.

PER CURIAM.

Orestes Rodriguez was found guilty by a jury of murder in the first degree. He alleges as error the trial court's failure to use the jury deadlock instruction approved by the Florida Supreme Court.1 Because we agree the deadlock charge actually given constituted fundamental error, we reverse and remand for a new trial.

This case was tried to a jury for a one-week period and was submitted late Friday afternoon. Following...

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