Can a defendant appeal against his conviction for assault after a jury deadlock?

following a jury deadlock is not the same as an acquittal. (People v. Anderson (2009) 47 Cal.4th 92, 108-109.) The fact that the jury was unable to reach a verdict does not mean that the prosecution lacked sufficient evidence to prove the charge. In fact, the prosecution could have retried defendant on the assault charge if it wanted to; given defendant's sentence of 25 years to life on the crimes of which he was convicted, the prosecution may have determined that there was no compelling reason to expend the necessary resources for a second trial. It follows that we reject defendant's unfounded contention that the mistrial on the assault charge precluded the trial court from finding him ineligible for resentencing.

The order is affirmed.