HOLMES v. STATE

No. 96-4522.

710 So.2d 188 (1998)

Rodney Lamar HOLMES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

April 29, 1998.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Phil Patterson, Assistant Public Defender, Tallahassee, for Appellant.

Robert Butterworth, Attorney General, and Edward C. Hill, Jr., Assistant Attorney General, Tallahassee, for Appellee.


McDONALD, PARKER LEE, Senior Judge.

In this direct appeal, the only dispositive issue worthy of comment is whether the trial court's deviation from the standard deadlock charge, Florida Standard Jury Instruction (Criminal) 3.06, amounted to fundamental error requiring reversal of appellant's conviction. We affirm because we agree with the state that while the deadlock charge given may have been inadequate, it was not so egregious as to amount to fundamental error...

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