Dodd v. State

OPINION

COHEN, Justice.

A jury found appellant guilty of possession of cocaine weighing less than 28 grams, and the trial court assessed his punishment at 26 years confinement.

In his sole point of error, appellant contends that the “dynamite” or Allen1 charge given to the jury by the trial court was so coercive that it denied appellant due process of law and trial by jury.

After both sides presented vastly different evidence of what had occurred, the jury deliberated for 50 minutes, broke for lunch, and then deliberated an additional 85 minutes. A note was then delivered stating: “We, the jury,…