WARREN v. STATE

No. 84-1655.

498 So.2d 472 (1986)

Edward WARREN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

September 9, 1986.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Marti Rothenberg, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Michael J. Neimand, Asst. Atty. Gen., for appellee.

Before HENDRY, HUBBART and NESBITT, JJ.


HUBBART, Judge.

This is an appeal by the defendant from judgments of conviction and sentences entered below after an adverse jury verdict in a criminal case. The dispositive question presented for review is whether the trial court committed fundamental error in giving an "Allen" charge to the jury which deviated from the standard criminal jury instruction on a deadlocked jury [Fla.Std. Jury Instr. (Crim.) 3.06]. Based on the circumstances of this case, we conclude...

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