GENERAL CLOSING CHARGE -
CLOSING INSTRUCTION - NONUNANIMOUS VERDICT
After you have retired to consider your verdict, select one of your number as foreperson and enter upon your deliberations. Your verdict does not need to be unanimous, and it can be based on an agreed verdict of five (5) of you.
If your verdict is unanimous, your foreperson alone will sign it. If your verdict is not unanimous, it must be signed by each juror who concurs in the verdict. After you have reached your verdict, you will, as a body, return it in open court. Forms of verdict will be furnished. You will now listen to the argument of counsel, which is a proper part of this trial.
Notes on Use
This Instruction should be used in trials involving only petty offenses.
This Instruction is based on the instruction used in Watson v. State, 1997 OK CR 42, n.1, 943 P.2d 1087, 1088. The Court of Criminal Appeals held the jury was properly instructed that it could render a less than unanimous verdict for petty offenses punishable by imprisonment for six months or less. Id. ¶ 10, 943 P.2d at 1090.