Aldret v. State

OPINION ON REMAND

SHIVERS, Judge.

Pursuant to our original holding in the case sub judice, Appellant Aldret’s judgment of conviction of aggravated assault and simple assault was reversed and remanded for a new trial, and two questions *1387were certified, in reliance on Jefferson v. State, 584 So.2d 128 (Fla. 4th DCA 1991), and on disputed language in State v. Neil, 457 So.2d 481, 487 (Fla.1984). See Aldret v. State, 592 So.2d 264 (Fla. 1st DCA 1991). Our decision and certified questions were reviewed by the Florida Supreme Court in discretionary review proceedings pursuant to Fla.R.App.P.…