When a jury acquits defendant of the robbery charged in count II of the information, can he face a retrial for the same crime?

The jury acquitted defendant of the robbery charged in count II of the information. Penal Code section 1023 unequivocally provides that when a defendant is acquitted of an offense, that acquittal "is a bar to another prosecution for the offense charged ..., or for an attempt to commit the same, or for an offense necessarily included therein, of which he might have been convicted under that accusatory pleading." (See also Stone v. Superior Court (1982) 31 Cal.3d 503, 510, 183 Cal.Rptr. 647, 646 P.2d 809.) Thus, [37 Cal.3d 378] on retrial, double jeopardy considerations will bar any further prosecution of defendant for robbery or attempted robbery. ²⁵

[690 P.2d 728]

B. Special Circumstance