of any such weapon; any firearm muffler or firearm silencer; any destructive device; o , that where, as in the instant case, there is no evidence that the firearm was discharged or used to put the victim in fear, it does not qualify as a deadly weapon as a matter of law. As the State properly noted, both below and on appeal, this is not the law. See Riggins v. State, 557 So.2d 185 (Fla. 3d DCA 1990) (affirming conviction for aggravated battery, finding that a firearm used to strike the victim is a “deadly weapon”); Dawson v. State, 338 So.2d 242, 243 n. 2 (Fla. 3d DCA 1976) (“We note that a gun may be used as a club, stick or bludgeon, and thus is a deadly weapon in this capacity as well as in discharging bullets.”); Wade v. Wainwright, 266 So.2d 378, 378-79 (Fla. 4th DCA 1972) (<HOLDING>). Because we conclude that the trial court
holding that failure to give lesserincluded charge of simple assault as lesserincluded offense of aggravated assault on police officer was reversible error holding that aggravated assault was not a lesser included offense in prosecution for armed burglary attempted robbery and use of a firearm in the com mission of a felony because the allegation in the information that the accused carried a firearm was insufficient to charge the elements of aggravated assault holding that pistolwhipping the victim about the head constituted the offense of aggravated assault holding the harmed victim need not be the victim of the offense of conviction holding that that the trial court erred when it determined that firstdegree sexual offense was an aggravated offense