The record reflects that the trial began on the morning of December 16, 2004, and testimony was heard through 9:00 p.m. that evening. Closing arguments and jury instructions followed. Deliberations began at 11:20 p.m. The jury returned a verdict at 3:35 a.m. the next morning. Just before examination of the final witness, the trial court announced as follows:
In consultation with the attorneys, we have reached a conclusion that the earliest we could possibly be able to get . . . this case to you tonight would be midnight. We don't think that is fair to you, to the defendant or to the state. For that reason, our plan is to complete the proof tonight. We have one final witness to go. Then at the end of that, to break until 9:00 in the morning. Then in the morning you could get the arguments of counsel and the charge and the case would be turned over to you in the morning. I think being realistic that is the best we can do to be fair to everybody. . . .