Is a motion for a mistrial a waiver?

"When a trial court proposes to discharge a jury without legal necessity therefor, the defendant is under no duty to object in order to claim the protection of the constitutional guarantee, and his mere silence in the face of an ensuing discharge cannot be deemed a waiver. [Citations.] It is true that affirmative conduct by the defendant may constitute a waiver if it clearly evidences consent [citations], and such a waiver will a fortiori be implied when the defendant actually initiates or joins in a motion for mistrial [citation]." (Curry v. Superior Court, supra, 2 Cal.3d at p. 713, 87 Cal.Rptr. 361, 470 P.2d 345.)