What is the test for a change of venue for a criminal case to another county?

A trial court must order a change of venue for trial of a criminal case to another county on motion of the defendant "when it appears that there is a reasonable likelihood that a fair and impartial trial cannot be held in the county." ( 1033, subd. (a).) The defendant bears the burden of proof that the jurors chosen have such fixed opinions that they cannot be impartial. (People v. Sanders (1995) 11 Cal.4th 475, 505, 46 Cal.Rptr.2d 751, 905 P.2d 420.)

In determining whether it is reasonably likely that, because of pretrial publicity, a fair trial cannot be held in the county, the trial court will consider, in addition to the nature and extent of the publicity, the nature and gravity of the offense, the size of the community, and the status of the defendant and the victim in the community. (People v. Pride (1992) 3 Cal.4th 195, 224, 10 Cal.Rptr.2d 636, 833 P.2d 643.) On appeal the appellant must demonstrate that the ruling was error because it was reasonably likely that a fair trial could not be had and that the error was prejudicial because a fair trial was in fact denied. The reviewing court independently reviews the record and must sustain the trial court's determination of ultimate fact if that determination is supported by substantial evidence. (People v. Hart (1999) 20 Cal.4th 546, 598, 85 Cal.Rptr.2d 132, 976 P.2d 683.)