Barbara Elaine Dalton was charged in a multi-count indictment with malice murder, aggravated assault, and other offenses arising from the kidnapping and shooting death of Donna Sanders hereafter “Sanders”, and the kidnapping of Sanders’ ten-year-old son, Wesley Sanders hereafter “Wesley”.1 The State provided notice of its intention to seek the death penalty. The case was tried to a jury which found the existence of two statutory aggravating circumstances and fixed a sentence of life without parole. Dalton was sentenced accordingly. On appeal, Dalton concedes that she “shot and killed Donna Sanders, the girlfriend of appellant’s former boyfriend . . . without provocation, in the presence of the sons of both appellant and Sanders.” She asserts, however, that the State failed to prove beyond a reasonable doubt either statutory aggravating circumstance which would support her sentence of life without parole, and that the trial court erred in denying a motion to suppress evidence seized from her vehicle. For the reasons which follow, we affirm.
Viewed in a light most favorable to the verdict, the evidence showed that Barbara Dalton had been in a 14-year romantic relationship with Mark Sullivan, which Sullivan had terminated. Thereupon, Sullivan began dating Sanders and he eventually moved into Sanders’ home. On the day in question, 10-year-old Wesley arrived home from school to find Dalton waiting beside his driveway. Dalton told Wesley to wait with her at the back of the house for his mother to return home. Sanders arrived at the house several minutes later, and shortly thereafter, Dalton, Sanders, and Wesley left in Sanders’ truck. Sanders drove to a rural cemetery road and stopped the vehicle. Dalton ordered Sanders to continue to drive further down the road, but Sanders refused. Thereupon, all three exited the truck and stood at the back bumper. As Wesley was hugging his mother he observed a gun in Dalton’s hand with her finger on or near the trigger; both he and Sanders were terrified. Sanders implored Dalton not to shoot her in the presence of her son. She also told Dalton that she had an appointment and asked to leave, but Dalton refused to allow her to go. The three reentered the truck with Dalton at the wheel, and she drove to the home of her son, Brian Dean.
