What is the test for a mistrial in a murder case?

^5. The jury was unable to come to a decision on the lying-in-wait special circumstance allegation, and on the personal use of a firearm allegation attached to the murder count, as well as the felon in possession of a firearm count and the attached gang allegation. Accordingly, the court declared a mistrial as to the allegations and the felon in possession count. It does appear that the jury not being able to agree on the personal use firearm allegation and the felon in possession count is inconsistent with the prosecution's theory of the case that appellant was the shooter. However, "When a jury renders inconsistent verdicts, 'it is unclear whose ox has been gored.' [Citation.] The jury may have been convinced of guilt but arrived at an inconsistent acquittal [or in this case deadlock] 'through mistake, compromise, or lenity . . . .' [Citation.] Because the defendant is given the benefit of the acquittal [or dismissal following a jury deadlock], 'it is neither irrational nor illogical to require [him or] her to accept the burden of conviction on the count[ ] on which the jury convicted.' [Citation.] [Citation.]" (People v. Santamaria (1994) 8 Cal.4th 903, 911.)