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DAVIS v. STATE

No. 5D02-931.

832 So.2d 239 (2002)

Shederian DAVIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 6, 2002.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Jane C. Almy-Loewinger, Assistant Public Defender, Daytona Beach, for Appellant.

Richard E. Doran, Attorney General, Tallahassee, and Patrick W. Krechowski, Assistant Attorney General, Daytona Beach, for Appellee.

PLEUS, J.

The issue in this appeal is whether the appellant, Shederian Davis, was denied a fair trial because the jury was not given an Allen charge1 after indicating it was deadlocked. We find that the modified instruction that the trial court chose to give, without objection by Davis, did not constitute fundamental error and therefore affirm.

Davis was pulled over for speeding. A warrants check revealed an outstanding...

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