What is the test for a motion for a new trial based on newly discovered evidence?

"In ruling on a motion for new trial based on newly discovered evidence, the trial court considers the following factors: ' "1. That the evidence, and not merely its materiality, be newly discovered; 2. That the evidence be not cumulative merely; 3. That it be such as to render a different result probable on a retrial of the cause; 4. That the

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party could not with reasonable diligence have discovered and produced it at the trial; and 5. That these

[118 Cal.Rptr.3d 704]

facts be shown by the best evidence of which the case admits." ' [Citations.]" ( People v. Delgado (1993) 5 Cal.4th 312, 328, 19 Cal.Rptr.2d 529, 851 P.2d 811.) "In addition, 'the trial court may consider the credibility as well as materiality of the evidence in its determination [of] whether introduction of the evidence in a new trial would render a different result reasonably probable.' [Citation.]" ( Id. at p. 329, 19 Cal.Rptr.2d 529, 851 P.2d 811.)

[243 P.3d 993]

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