Following a jury trial, Dwayne Bryant was convicted of trafficking in cocaine and possession of a firearm during the commission of felony. He filed a motion for new trial which the trial court denied, and he now appeals from that order. On appeal, Bryant contends that the trial court abused its discretion by dismissing a juror after “significant deliberations” had occurred. Following our review, and upon finding that the trial court did not abuse its discretion in removing an ill juror, we affirm his convictions.1
The record reflects that at the close of evidence in Bryant’s trial on Thursday, January 10, 2008, the jury deliberated for a short time before adjourning for the day. The jury deliberated for a full day on Friday, January 11, after which at approximately 6:10 p.m. it inquired to the trial court via note as to “what the next step is if we cannot reach a decision.” The trial court brought the jury in and inquired if additional deliberation would help, and the foreperson responded in the affirmative, after which the jury returned to the jury room. While the jury was out, Bryant requested a mistrial on the basis that by allowing the jury to continue deliberating, a juror or jurors would be more inclined to “give up their position and to compromise to the extent that they would give up what they are holding out for.” The trial court denied the motion. At 6:25 p.m., the jury notified the trial court that it would like to continue deliberating for another hour “then decide whether to continue this evening or on Monday,” to which the trial court responded by writing “fine” on the note. At 7:08 p.m. the jury sent in a note informing the trial court that for “charges 1 and 2 we are unable to reach a decision. We are able to reach a decision on charge 3. No amount of further deliberation would change this decision.” The trial court called the jury in and gave them an Allen charge, after which the jury continued deliberation.2 Bryant renewed his motion for retrial, and also objected to the Allen charge. The trial court denied his motion and overruled the objection. At 8 p.m. the trial court received a note from the jury that they wished to “reconvene Monday at 9:00 a. m.” The trial court called the jury in and after inquiring as to whether any of the jurors had issues related to reconvening on Monday, excused the jury.3
