What are the consequences of a jury's failure to convict a defendant of assault with a deadly weapon?

Defendant now appeals contending: (1) the trial court prejudicially erred in failing to instruct the jury on the lesser included offense of simple assault requiring reversal of his assault with a deadly weapon conviction; (2) section 1001.36 should be applied retroactively to afford him the opportunity to participate in mental health diversion; and (3) the court must remand the matter for an ability-to-pay hearing in light of People v. Dueas (2019) 30 Cal.App.5th 1157 (Dueas).