What is the test for a motion for a new trial on nonstatutory grounds such as denial of a fair trial after being denied a trial by a jury?

Courts have also granted new trial motions on nonstatutory grounds such as denial of a fair trial after being deprived of an opportunity to present a defense. (People v. Davis (1973) 31 Cal.App.3d 106, 109-110.) Defendant asserts both statutory and nonstatutory grounds for a new trial here.

" ' "The determination of a motion for new trial rests so completely within the [trial] court's discretion that its action will not be disturbed unless a manifest and unmistakable abuse of discretion clearly appears." ' " (People v. Delgado (1993) 5 Cal.4th 312, 328.) " ' "[I]n determining whether there has been a proper exercise of discretion on such motion, each case must be judged from its own factual background." ' " (Ibid.)

We conclude there is no basis for disturbing the trial court's denial of defendant's new trial motion.

Defendant first argues that the verdicts on counts one and two were contrary to the evidence. Not so.