What is the test for discharging a jury in a sexual assault case?

Relying on People v. Wojahn, supra, 150 Cal.App.3d 1024, 198 Cal.Rptr. 277, this court and others have held that if a trial court discharges a jury before obtaining a waiver of defendant's right to have a jury consider the prior offenses alleged as enhancements, retrial of those prior offenses is precluded on double jeopardy grounds. (See People v. West (1990) 224 Cal.App.3d 1283, 1287, 274 Cal.Rptr. 524; People v. Dee (1990) 222 Cal.App.3d 760, 272 Cal.Rptr.

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