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

The determination of a motion for new trial rests completely within the trial court's discretion and will not be disturbed on appeal unless it is clear there was a manifest and unmistakable abuse of discretion. (People v. Howard (2010) 51 Cal.4th 15, 42-43.) The trial court considers the following factors in ruling on a motion for new trial based on newly discovered evidence: (1) the evidence be newly discovered, not merely its materiality; (2) the evidence not be cumulative; (3) the evidence be of such a nature as to render a different result probable on retrial; (4) the party could not have discovered the

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