Holmes v. State

McDonald, PARKER LEE, Senior Judge.

In this direct appeal, the only dispositive issue worthy of comment is whether the trial court’s deviation from the standard deadlock charge, Florida Standard Jury Instruction (Criminal) 3.06, amounted to fundamental error requiring reversal of appellant’s conviction. We affirm because we agree with the state that while the deadlock charge given may have been inadequate, it was not so egregious as to amount to fundamental error, requiring reversal in the absence of any challenge below.

At trial, the jury deliberations began at 2:13 p.m., and at some point…