RUBI v. STATE

No. 4D05-4066.

952 So.2d 630 (2007)

Jorge RUBI, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 4, 2007.


Attorney(s) appearing for the Case

Jonathan S. Friedman of Jonathan S. Friedman, P.A., Fort Lauderdale, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Myra J. Fried, Assistant Attorney General, West Palm Beach, for appellee.


WARNER, J.

When the jury deliberating appellant's case sent a note to the judge telling him that one of their members was not following the law, the judge instructed the jurors that they must follow the law, and all of the participants were depending on them to do so. Under the circumstances of this case, where the judge had previously given an Allen charge, we conclude that this was a coercive instruction which requires reversal.

The state charged...

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