Burton v. State

Summary

The Court affirmed Burton’s convictions and rejected his challenges to the Allen charge and the State’s failure to file a written habitual-offender motion. It held that the Allen charge was not coercive and that the procedural omission did not constitute plain error because Burton had actual notice, waived the written-motion requirement, and could not show prejudice. The Court nevertheless remanded the second-degree conspiracy sentence because the probation term exceeded the statutory maximum.