any machine gun. The term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of a crime. A firearm is, by definition, a deadly weapon because it is designed to expel a projectile by the action of an explosive which is likely to cause death or great bodily injury. If the firearm is discharged or it is used to put the victim in fear to commit an aggravated assault or a robbery, it is a deadly weapon as a matter of law. This is true regardless of whether the firearm is loaded or capable of being fired. See Waldo v. State, 728 So.2d 280, 281 (Fla. 3d DCA 1999), quashed on other grounds, 759 So.2d 674 (Fla.2000) (noting that in Miller v. State, 613 So.2d 530, 531 (Fla. 3d DCA 1993), this Court upheld Miller’s conviction for aggravated ass 970) (<HOLDING>). The defendant argues, and the trial court
holding that an unloaded gun used in the commission of an aggravated assault is a deadly weapon holding in case in which defendant pleaded guilty to aggravated assault with a deadly weapon that same conduct could be used as element of offense and also serve as basis for deadly weapon finding holding that reckless conduct was lesserincluded offense of aggravated assault by threatening another with imminent bodily injury by use of deadly weapon because the danger of serious bodily injury in the lesser offense is necessarily established when a deadly weapon is used in the commission of an offense as required for the greater offense recognizing that deadly weapon finding may be made even when weapon used is unknown holding that separate sentences for aggravated assault with a deadly weapon and with intent to rob were barred