Is a conviction of assault with a deadly weapon a bar to subsequent prosecution of the greater charge of attempted murder?

Conviction of a lesser included offense is a bar to subsequent prosecution of the greater offense. (United States v. Dixon (1993) 509 U.S. 688, ----, ---- - ----, 113 S.Ct. 2849, 2856, 2859-2865, 125 L.Ed.2d 556,

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In People v. Zapata (1992) 9 Cal.App.4th 527, 12 Cal.Rptr.2d 118, the defendant was charged with two counts of attempted murder, and the jury was instructed regarding the lesser related offense of assault with a deadly weapon. The jury acquitted the defendant of the charges as to one victim and found the defendant not guilty of attempted murder of the second victim. As to the second victim, the jury was deadlocked on attempted voluntary manslaughter and convicted the defendant of assault with a deadly weapon. After satisfying itself that the jury was unable to reach a verdict on attempted voluntary manslaughter, the trial court declared a mistrial on that count and accepted the assault verdict.