In what circumstances will a jury be required to find personal use of a dangerous or deadly weapon in connection with an assault conviction?

5 We note that our colleagues in Division Six of this district, in People v. Winslow (1995) 40 Cal.App.4th 680, 46 Cal.Rptr.2d 901, discussed at length the requisite jury instructions concerning whether the alleged conviction was a serious or violent felony. However, in Winslow, the question had been presented to the jury and the opinion was concerned with the adequacy of the instructions. Thus, the issue of whether the question is one for the court or one for the jury was not squarely before the court. To the extent, Winslow suggests that the jury must decide this issue, we respectfully disagree.

6 Even were the jury required to find personal use of a dangerous or deadly weapon in connection with the 1988 assault conviction, their failure to do so was harmless in light of defendant's testimony admitting such personal use. (Cf. People v. Winslow, supra, 40 Cal.App.4th at p. 689, 46 Cal.Rptr.2d 901.) If the jury were required to make such a finding, they also would have been permitted to consider defendant's testimony for this purpose.