Rodela v. State

OPINION

KENNEDY, Justice.

Appellant was indicted with Larry Fernandez for the offense of burglary of a habitation. The case was tried to a jury. During the deliberations on guilt or innocence, the jury sent out a note indicating they were deadlocked 7-5 (yes-no). The Court then sent in an “Allen” or “dynamite” charge to which appellant objected. See Allen v. United States 164 U.S. 492, 17 S.Ct. 154, 41 L.Ed. 528 (1896). The jury found the appellant guilty. Punishment was assessed by the jury at five years’ confinement in the Texas Department of Corrections, but probation was recommended. We…