This appeal is from Corey Porter’s convictions for felony murder, possession of a firearm during commission of a felony, and possession of a firearm by a convicted felon.1 An eyewitness testified she saw Porter shoot the victim, Romano A. Rodriquez, after Rodriquez refused Porter entry to a store that did business only through a walk-up window at the time Porter attempted to gain entry. A police detective testified Porter admitted shooting Rodriquez, and another police detective testified Rodriquez, though paralyzed by the wound during the days between the shooting and his death, communicated by blinking his eyes and identified Porter in a photo lineup as the person who shot him. A pathologist testified Rodriquez died of a gunshot wound to the neck. After the jury returned verdicts on the other charges, certified copies of Porter’s previous felony convictions were admitted to support the charge of possession of a firearm by a convicted felon. 1. The evidence adduced at trial and summarized above was sufficient to authorize a rational trier of fact to find Porter guilty beyond a reasonable doubt of the offenses of which he was convicted. Jackson v. Virginia , 443 U.S. 307 99 SC 2781, 61 LE2d 560 1979.
2. After twelve hours of deliberation, the jury’s foreperson informed the trial court at approximately 5:00 p.m. on Friday that the jury could not reach a verdict and that the jurors could not return on Monday. The trial court engaged in a colloquy with the jury and offered it the opportunity to continue deliberation for another hour. When the foreperson declined the offer, the trial court expressed an intention to declare a mistrial. The foreperson then suggested the possibility of resolving the deadlock if given more time, and the trial court excused the jurors to discuss the feasibility of coming back on Monday. After a discussion among the jurors, the foreperson reported the jury wanted to deliberate for another hour, which the trial court permitted. Within an hour of further deliberation, the jury returned its verdicts. Porter contends on appeal undue coercion by the trial court tainted his conviction because it erroneously gave the jurors the impression they had to reach a verdict within an hour in order to avoid a mistrial. Porter’s contention that the trial court imposed a one-hour constraint on deliberations and informed the jury it could not return on Monday to deliberate is refuted by the record which shows the foreperson was the one who indicated the jury did not want to return on Monday and that the trial court encouraged the jury to discuss coming back Monday to deliberate and expressed flexibility in that day’s schedule. After discussion, the jurors themselves elected to try to resolve their disagreement in an hour’s time.
