Miller v. State

COBB, Judge.

This is an appeal from a robbery conviction. Appellant raises two questions for our consideration. The first concerns the propriety of the court giving an Allen charge,1 sometimes called the “dynamite” charge. In this case, the charge was read to the jury once, and then only after the trial court had been advised by the jury that it could not reach a verdict after approximately two hours of deliberation. The standard jury instruction, as read by the trial court, has been characterized by the Florida Supreme Court as fair and unbiased. The trial judge did not make any additional…