What is the applicable standard of review for an application of the independent review test?

Subsequently, in People v. Hovey, supra, 44 Cal.3d 543, 244 Cal.Rptr. 121, 749 P.2d 776, the court discussed the applicable standard of review and stated: "We have held that the question of due diligence is a factual one depending on the circumstances in each case, and that the trial court's determination of the issue will not be disturbed in the absence of a showing of an abuse of discretion. [Citations.]" (Id. at p. 563, 244 Cal.Rptr. 121, 749 P.2d 776.) The court then goes on to note that in Louis "we suggested (but did not decide) that an appellate court should independently review the record on the due diligence issue." (Ibid.) Although recognizing the potential conflict, the court expressly did not state which standard should be applied. Rather, the court stated: "In any event, in the present case, whether the 'abuse of discretion' or the 'independent review' test is used, the trial court's finding of due diligence should be upheld." (Id. at pp. 563-564, 244 Cal.Rptr. 121, 749 P.2d 776.)