Can a judge order a new trial for a defendant who has been found not guilty of a charge of assault by reason of gross negligence?

¹⁵ People v. Mayorga, supra, 171 Cal.App.3d at page 940, 218 Cal.Rptr. 830 held that "new trials may be ordered for nonstatutory reasons when an error has occurred resulting in the denial of defendant's right to a fair trial, and the defendant has had no earlier opportunity to raise the issue." (See People v. Fosselman(1983) 33 Cal.3d 572, 582583, 189 Cal.Rptr. 855, 659 P.2d 1144 ; People v. Davis(1973) 31 Cal.App.3d 106, 110, 106 Cal.Rptr. 897 ; People v. Oliver(1975) 46 Cal.App.3d 747, 751752, 120 Cal.Rptr. 368.)