What is the test for a motion for a retrial in a sexual assault case where there is a hung jury?

and either (1) the prosecution intentionally committed misconduct to trigger a mistrial or (2) the prosecution believed an acquittal was likely, committed misconduct to thwart the acquittal, and the misconduct deprived the defendant of the reasonable prospect of an acquittal. (People v. Batts (2003) 30 Cal.4th 660, 665666, 134 Cal.Rptr.2d 67, 68 P.3d 357.) Double jeopardy principles do not bar retrial if "the mistrial was justified by manifest necessityfor example, a hung jury." (Id. at p. 679, 134 Cal.Rptr.2d 67, 68 P.3d 357.) Here, the trial court did not grant defendant's motion for a mistrial; rather, it declared a

[62 Cal.4th 751]