Nottage v. State

Anthony Nottage appeals his judgment of conviction and sentence on the grounds that the trial court erred because, after it gave an Allen 1 charge following a note that the jury was deadlocked, it failed to declare a mistrial. We conclude that, based on the totality of the circumstances, the trial court did not coerce the jury to return a verdict.

I. Factual Background

The State of Florida charged Nottage with numerous crimes, including attempted first-degree felony murder, kidnapping, three counts of sexual battery, attempted sexual battery, aggravated battery, burglary, child abuse, and grand…