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Carter v. State

Florida Court of Appeals, Fourth District

April 26, 2017

DAVID WAYNE CARTER, Appellant,
v.
STATE OF FLORIDA, Appellee.

         Not final until disposition of timely filed motion for rehearing.

          Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Meenu Sasser, Judge; L.T. Case No. 13-CF-012770-AMB.

          Antony P. Ryan, Regional Counsel, and Richard G. Bartmon, Assistant Regional Counsel, Office of Criminal Conflict and Civil Regional Counsel, Fourth District, West Palm Beach, for appellant.

          Pamela Jo Bondi, Attorney General, Tallahassee, and Allen R. Geesey, Assistant Attorney General, West Palm Beach, for appellee.

          Gross, J.

         Appellant was convicted of sexual activity with a child and battery of a child. We write primarily to explain why the rule of completeness did not compel admission of his exculpatory post-arrest station house statement after the state introduced a tape of a controlled phone call between the victim and appellant.

         Appellant was romantically involved with the victim's mother. He moved in with the mother and her family when the victim was 10 or 11. When she was 17, the victim disclosed to a school counselor that, for five years, she had been sexually abused by appellant.

         The controlled call

         Law enforcement was contacted and a detective arranged to record a controlled call between the victim and appellant. The recording was played for the jury during the detective's testimony. Pertinent parts of the call are set forth below.

Victim: I just can't get over what has happened between me and you. And I don't know how to get over it.
Appellant: Well, me and you - what are you talking about, like last night or the night before?
Victim: No, like having sex.
Appellant: Well, why don't we talk about this tonight, you can't just make it through today?
Victim: . . . I can't stop thinking about it and I can't calm down. And I don't have my medicine -
Appellant: Well, you left this morning fine. What - what are you - what is going on that you can't - I just -
Victim: Because this one girl was talking about her [redacted]. And then it just triggered me. And I can't stop thinking about it. Like I don't - I don't know, I can't stop thinking about it. I can't get over it. I just - I just want to ...

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