Purvis v. State

DANIEL E. SCOTT, Judge.

A jury convicted Appellant Scott Purvis (“Movant”) of driving while intoxicated. He was placed on probation, but violated it, and was sent to prison. His Rule 29.15 post-conviction motion was denied after ev-identiary hearing. His appeal therefrom raises two points stemming from a jury note sent less than two hours into its deliberations, asking: “Do we have to be unanimous1 in our decision. If so this cannot be accomplished.” The trial court and counsel discussed how to respond:

THE COURT: Now, they have only been out since 3:20. They are going to have the same problem…