What is the test for determining whether a gang crime count can be retried?

To determine whether the gang crime count can be retried, we apply the usual substantial evidence test. (People v. Hallock (1989) 208 Cal.App.3d 595, 607 [if reversal required for instructional error but substantial evidence supports verdict, double jeopardy principles do not prevent retrial].) In determining the sufficiency of the evidence to support a guilty verdict, "the relevant question is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could

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have found the essential elements of the crime beyond a reasonable doubt." (Jackson v. Virginia (1979) 443 U.S. 307, 319 [61 L.Ed.2d 560, 574], italics omitted.)