A defendant was tried before a jury for the crimes of possession of a controlled dangerous substance with intent to distribute and the lesser included offense of possession of a controlled dangerous substance. The jury acquitted the defendant of simple possession of a controlled dangerous substance, but deadlocked over the other charge. Subsequently, the prosecution sought to retry the defendant for the crime of possession of a controlled dangerous substance with intent to distribute. The defendant moved to dismiss the charge on double jeopardy grounds. Should the court rule in favor of the defendant