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Deparvine v. State

Florida Supreme Court
995 So.2d 351 (2008)


Facts

The night before their bodies were found, Richard and Karla Van Dusen sold their vintage Chevy pickup to William Deparvine (defendant). Cell tower records showed Karla used her cell phone to call her mother while driving from St. Petersburg to Oldsmar, a half-hour away. Her mother said that she asked if Karla was in the car, and Karla replied “I’m following the guy who bought the truck. He knows where to get the paperwork done tonight.” Karla also told her mother the guy had cash. At trial, the court allowed Karla’s mother to testify about what Karla had said, over defense counsel’s hearsay objections. The court convicted Deparvine of double homicide and carjacking. Deparvine appealed, arguing the court should not have allowed the hearsay statements.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

Dissent (Lewis, J.)

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