In People v. Superior Court (Marks) (1991) 1 Cal. 4th 56, a capital case, the double jeopardy issue before the Supreme Court was the extent of the clause's protections where the jury had failed to specify the degree of the crime of which it had found the defendant guilty, a finding required by Penal Code section 1157. Because Marks's first conviction had been overturned on appeal, on remand he entered a plea of former jeopardy, contending the jury's failure to comply with section 1157 precluded the prosecution from retrying him for an offense greater than second degree murder. ( Id. at p. 63.) In assessing that claim, the Marks court, almost in passing, observed that "should a defendant secure reversal on appeal . . . criminal proceedings are subject to reinstatement. (United States v. DiFrancesco . . . .)" ( Id. at p. 72; cf. 1 Witkin & Epstein, California Criminal Law (3d ed. 2000) Defenses, 178 at pp. 534-535.)