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

California, United States of America


The following excerpt is from People v. Moreno, E061848 (Cal. App. 2015):

An order denying a motion for a new trial based on newly discovered evidence is reviewed on appeal for an abuse of discretion. (People v. Ochoa (1998) 19 Cal.4th 353, 473.) A new trial may not be ordered based on newly discovered evidence unless it is reasonably probable the defendant would realize a more favorable result in a retrial. (Ibid.) Here, and as the trial court found, there was no reasonable probability that defendant would have realized a more favorable result in a retrial, based on the newly discovered evidence of the 1994 and 1999 incidents.

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