STONE, Judge.
The defendant appeals the denial of his motion for judgment of acquittal on the charge of aggravated assault with a deadly weapon. The weapon used was a BB gun.
A weapon is a "deadly weapon" if it is used or threatened to be used in a way likely to produce death or great bodily harm. Fla. Std. Jury Instr. (Crim.) p. 88. A BB gun has been found to be a deadly weapon, as it has the capability of inflicting great bodily harm. Duba v. State,<...
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