Lovell v. State

(specially concurring).

The defendant’s sole contention is that the trial court erred in informing the jury, after it had reported a deadlock, that

you have been deliberating for approximately three hours and 40 minutes, and you need to continue to deliberate. You can retire to the jury room.

He claims that reversal is required by what he says is the “all fours” decision in Goodwin v. State, 717 So.2d 561 (Fla. 2d DCA 1998). This is not the case.

Even assuming that Goodwin is correct on its own facts,1 it is decisively distinguishable. The defendant claims that the vice of the innocuous…