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MONTIJO v. STATE

No. 5D09-3434.

61 So.3d 424 (2011)

Michael V. MONTIJO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied May 26, 2011.

Attorney(s) appearing for the Case

F. Wesley Blankner, Jr. , of Jaeger & Blankner, Orlando, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Kellie A. Nielan , Assistant Attorney General, Daytona Beach, for Appellee.

COHEN, J.

Michael Montijo appeals his conviction for manslaughter with a deadly weapon. His charges for second-degree murder and aggravated assault with a deadly weapon arose from a road rage incident that was set off when Montijo, distracted by talking on his cell phone, cut in front of a car containing Hunter Rosier and three friends. The car followed Montijo into a Steak n' Shake parking lot and its occupants, highly agitated, cursed and screamed at Montijo. Following...

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