In Young v. State, 711 So. 2d 1379 (Fla. 2d DCA 1998), the jury began its deliberations at about 5 p.m. on the second day of trial. At or near 9 p.m., the jury informed the court that as a group, they could not agree on a verdict. At that point, the trial judge decided to give the jury an Allen charge (Allen v. United States, 164 U.S. 492 (1896)). The trial judge also decided, however, that he did not want a mistrial that night and would bring the jury back the next morning if it could not reach a verdict. Because of his intent to return the jury the following morning, the trial judge modified the standard instruction, to which defense counsel objected. As stated above, the last sentence of Florida Standard Jury Instruction (Criminal) 3.06 reads: "After you have done that, if you simply cannot reach a verdict, then return to the courtroom and I will declare this case mistried, and will discharge you with my sincere appreciation for your services." The trial judge omitted this sentence and, instead, substituted the following: "After you have done that, if you simply cannot reach a verdict, then return to the courtroom and I will discharge you for the evening." The jury then resumed its deliberations and, approximately forty minutes later, returned a guilty verdict. Upon review, the court held that the judge had improperly modified the Allen charge. See 711 So. 2d at 1379. More specifically, it stated that the trial court's modification of the Allen charge did precisely what should be avoided when giving a modified Allen charge; it gave the jury the appearance that it had to reach a verdict. See id.