Does a jury's rejection of the allegation that defendant acted willfully, deliberately and with premeditation foreclose a retrial on that allegation?

Applying the same reasoning, we find the first jury's rejection of the allegation that defendant acted willfully, deliberately, and with premeditation constituted an express acquittal on the allegation and foreclosed any retrial on that issue. (See Marks, supra, 1 Cal.4th at p. 78, fn. 22.) Because defendant was nonetheless retried on that allegation, we find the retrial on the issue violated the double jeopardy clause. We thus set aside the jury's finding that defendant acted willfully, deliberately, and with premeditation. (See People v. Trujeque (2015) 61 Cal.4th 227, 253; People v. Belcher (1974) 11 Cal.3d 91, 101 [defense counsel's failure to assert a "crucial" defense that would have defeated one of the prosecution's counts denied the defendant his right to effective assistance of counsel and warranted reversal on that count].)