Montijo v. State
2011 Fla. App. LEXIS 5415
| Fla. Dist. Ct. App. | 2011Background
- Montijo was convicted of manslaughter with a deadly weapon arising from a road‑rage incident involving Hunter Rosier and three friends.
- He faced charges of second‑degree murder and aggravated assault with a deadly weapon stemming from the same incident.
- Rosier followed Montijo’s car into a Steak n’ Shake parking lot after the cut‑in distra...cted Montijo by talking on his cell phone.
- Witness accounts varied substantially, with multiple witnesses intoxicated, leaving many details in dispute.
- The trial court gave a justifiable use of deadly force instruction patterned on Florida Standard Jury Instruction 3.6(f), including a burden‑of‑proof phrase that Montijo challenged; the court reversed and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Burden shift in deadly force instruction | Montijo: instruction improperly shifted burden to prove self‑defense beyond a reasonable doubt. | State: no fundamental error; proper burden was placed given defense evidence. | Fundamental error; instruction improperly shifted burden; reversed. |
Key Cases Cited
- Martinez v. State, 981 So.2d 449 (Fla. 2008) (affirmative‑defense error not per se fundamental; depends on impact on verdict)
- Murray v. State, 987 So.2d 277 (Fla. 4th DCA 2006) (self‑defense burden does not require beyond reasonable doubt; may be lesser standard)
- Mosansky v. State, 33 So.3d 756 (Fla. 1st DCA 2010) (state bears burden; defendant must present evidence to support justification)