611 So. 2d 611 | Fla. Dist. Ct. App. | 1993
Theodore Bass appeals from his conviction for first degree murder. Because the deadlocked jury was inappropriately instructed, we reverse.
During its deliberations the jury sent the judge a note stating it was split 5 to 7, “with little chance of minds being changed.” The jury was brought into the courtroom so the judge could respond to this note and one other he had received. The court gave the jury an Allen charge.
The use of an Allen charge has been specifically approved in Florida at least since the 1974 case of State v. Bryan, 290 So.2d 482 (Fla.1974). A deviation from the standard instruction can constitute reversible error, however, where the words tend to coerce the jury into believing that it
Bass has raised two other issues on appeal, neither of which has merit. In particular we hold that there was no error in the admission of the in-court identification of the defendant by witness Mary Brannen.
Accordingly, we reverse and remand this matter for a new trial.
. Allen v. United States, 164 U.S. 492, 17 S.Ct. 154, 41 L.Ed. 528 (1896).