NOTTAGE v. STATE

No. 3D07-1209.

15 So.3d 46 (2009)

Anthony NOTTAGE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 20, 2009.


Attorney(s) appearing for the Case

Carlos J. Martinez, Public Defender, and Howard K. Blumberg, Assistant Public Defender, for appellant.

Bill McCollum, Attorney General, and Jill D. Kramer, Assistant Attorney General, for appellee.

Before GERSTEN, C.J., and RAMIREZ and SALTER, JJ.


RAMIREZ, J.

Anthony Nottage appeals his judgment of conviction and sentence on the grounds that the trial court erred because, after it gave an Allen1 charge following a note that the jury was deadlocked, it failed to declare a mistrial. We conclude that, based on the totality of the circumstances, the trial court did not coerce the jury to return a verdict.

I. Factual Background...

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