Can a motion for a new trial for a charge of assault with intent to pervert the course of justice be denied?

^9. In their opposition to defendant's motion for a new trial, the People claimed, without any citation to legal authority, that should the trial court grant the motion, the gun enhancement allegation, which the jury had found not true, can no longer be alleged because "jeopardy has attached." That claim is incorrect. While the protection against double jeopardy generally precludes retrial for the same offense after a conviction or an acquittal, "[a]n exception to this rule applies if the judgment of conviction is reversed as a result of a defendant's appeal, motion for new trial, or other challenge by a defendant to his or her conviction. [Citation.] Like other constitutional guarantees, double jeopardy protections are not absolute, and may be waived by a defendant. A defendant who files a motion for a new trial, like a defendant who moves for a mistrial, waives state and federal double jeopardy protections. [Citations.]" (People v. Eroshevich (2014) 60 Cal.4th 583, 590-591.)