In what circumstances will a defendant be able to challenge his own conviction for a double murder?

"People v. White, supra, involved a fact situation indistinguishable from that before us. The defendant was charged with a double murder and a sentence enhancement for use of a firearm in the commission of the murders. He was found guilty of the murders, but the jury returned a not true finding on the firearm-use allegation. After the convictions were reversed on appeal, the trial court denied the defendant's motion to bar the prosecution from proceeding on the theory he was the actual killer. (185 Cal.App.3d [884 P.2d 101] at p. 826, 231 Cal.Rptr. 569.) The defendant

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