Richard Summerall v. State of Florida

I concur in the result in this case. The victim’s testimony concerning the mother’s statements of what appellant told her was predominantly being introduced for the truth of the matter asserted: “he was going to put four bullets in her head.” This testimony constituted inadmissible hearsay. See Kennedy v. State, 385 So.2d 1020 (Fla. 5th DCA 1980) (holding that a statement of murder victim that the defendant intended to kill the victim in the future constituted inadmissible hearsay).

The statements made shortly before the assault took place, however, are relevant and material to demonstrate…