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McELRATH v. STATE

No. 86-1421.

516 So.2d 276 (1987)

Tommy McELRATH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

As Modified on Denial of Rehearing December 9, 1987.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Paul C. Helm, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.

LEHAN, Judge.

Defendant appeals from his convictions for robbery and two counts of assault, contending that the trial court erred in her remarks made to the deadlocked jury after an Allen1 instruction had been given. We do not conclude that the remarks were so egregious as to constitute fundamental error. See Warren v. State, 498 So.2d 472, 477 (Fla. 3d DCA 1986).

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