Bass v. State

FRANK, Acting Chief Judge.

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.1 Such charge is codified in Florida Standard Jury Instruction (Criminal) 3.06. An Allen charge is designed to cause deadlocked juries to attempt to…