Concepcion v. State

Pope, Judge.

Defendant Robert Kennedy Concepcion appeals his conviction of aggravated assault with intent to rape and false imprisonment. We affirm.

1. Defendant first contends that the unsolicited “Allen” charge the trial court gave in this case was unduly coercive. The transcript shows that at 5:04 p.m., after the jury had deliberated for two hours, the trial court asked the jury whether they had been able to reach a verdict in the case. The foreperson responded that they had not, and the trial court asked the foreperson to inform the court, “without tell ing me which way you stand, how do…