This has happened before, and hopefully, someone has a way to deal with it. The case is indicted PCS-ID. The jury gets a lesser included instruction. Deliberates and then sends the following note:

"We have found him guilty of possession but one juror does not believe he is guilty of Possession with intent to deliver. What do we do?"

How do you instruct the jury in the charge to avoid this occurrence?

Shouldn't your instruction tell the jury to first consider the indicted charge. If they cannot find him guilty beyond a reasonable doubt, then they will acquit and only then will they proceed to consider the lesser included possession. Thus, if the jury reads and follows instructions, they will have to deliberate to an end on the primary charge.

They came back guilty on the lesser included. (We do have that language, they were hung 11-1 for guilt on the deliver and the 11 really wanted to get him on that. He ended with 25 years on enhanced pcs.)