Deparvine v. State

995 So.2d 351 (2008)

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Nature of the Case

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Facts

The Van Dusens placed an ad seeking to sell their truck on numerous occasions. Christopher Coviello, the Van Dusens' neighbor, who stated that on November 25, 2003, the day before the Van Dusens' bodies were discovered, he saw the Van Dusens driving away from their house with Rick driving the truck by himself and Karla driving a Jeep, also owned by them, by herself and following Rick. The State was able to use the Van Dusens' cell phone records to track the Van Dusens' movement on November 25, 2003. Their bodies were discovered on November 26, some 3.4 miles from the last recorded cell tower. Karla had made a phone call during this time period to her mother, Billie Ferris, which began at approximately 5:54 p.m. This phone call began by using a cell tower located on Central Avenue in St. Petersburg and lasted approximately thirty-seven minutes, ending with the use of the cell tower in Oldsmar. Ferris testified that during this conversation, when she heard the motor of the car running in the background, she asked Karla whether she was in the car, and Karla responded: I'm following Rick and the guy that bought the truck. He knows where to get the paperwork done tonight. Karla had made a phone call during this time period to her mother, Billie Ferris, which began at approximately 5:54 p.m. This phone call began by using a cell tower located on Central Avenue in St. Petersburg and lasted approximately thirty-seven minutes, ending with the use of the cell tower in Oldsmar. Ferris testified that during this conversation, when she heard the motor of the car running in the background, she asked Karla whether she was in the car, and Karla responded: I'm following Rick and the guy that bought the truck. He knows where to get the paperwork done tonight. The prosecution then asked her: Did Karla Van Dusen tell you how the guy was going to pay for the truck that night? She said: he's got cash. The next morning the bodies of Rick and Karla were found along a dirt road next to a residence, approximately one mile east of Oldsmar. Rick was shot once in the back of the head. He was found with his wallet and money clip containing eighty-three dollars, two gold rings, a cell phone, and a watch. Karla was shot twice in the head and stabbed twice in the chest. She was found with four gold rings, gold hoop earrings, and a watch. Detective Chuck Sackman testified that he discovered a knife blade and a nine-millimeter shell casing under her body. D was convicted and appealed in part from the testimony of Billie Ferris. D argues that the trial court erred in admitting the mother's testimony. P contends that these statements were admissible under the statutory spontaneous statement exception to the hearsay rule, which does not require a startling or exciting event as a prerequisite to admission.