the voluntary manslaughter charge. Darnell Hurt had asked for the provocation mitiger- mitigator to apply to all offenses which he was charged, which includes the felonious assault, and indirectly then he also requested it, um, for the felony murder charge as well. The provocation mitigator is identical for the voluntary manslaughter as well as the felonious assaults and felony murder. We believe that on retrial, collateral estoppel would prevent retrial without regard for the jury's prior finding in Hurt's favor, that ther- that the provocation mitigator existed, that he was acting under serious provocation. In fact, at the trial, the State, and it can be found in the transcript at pages 774 and 775, admitted as much and conceded so in its closing argument by stating to the