State v. Kotz

OPINION

GARFF, Judge:

Defendant Kotz appeals his jury conviction for theft, a second degree felony. We affirm.

Kotz was arrested and charged with theft on July 11, 1986. He was tried before a jury on September 10 and 11, 1986. At the conclusion of his case, the jury was excused. After approximately four hours of deliberation, the jury informed the court that it had reached an impasse and was unable to deliver a verdict.

The court and counsel conferred off the record in chambers. During this conference, the court informed counsel that he intended to give the jury a supplemental instruction to urge…