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YOUNG v. STATE

No. 96-03499.

711 So.2d 1379 (1998)

John YOUNG, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

June 19, 1998.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and John C. Fisher, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Tonja R. Vickers, Assistant Attorney General, Tampa, for Appellee.

BLUE, Judge.

In this appeal of his second-degree murder conviction, John Young, Jr., contends the trial court erred when it modified the Allen1 charge. We agree the modified instruction was improper. Because the State failed to prove the error was harmless beyond a reasonable doubt, we reverse and remand for a new trial.

The jury began its deliberations in this case near 5:00 p.m. on the second day of trial. At or near 9...

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