Can a judgment of conviction be reversed and a new trial ordered for a trial court's failure to hear a motion?

On the other hand, a judgment of conviction may not be reversed and a new trial may not be ordered for a trial court's failure to hear a new trial motion when a reviewing court has properly determined that the defendant suffered no prejudice as a result. This will occur when, for example, the record shows that the trial court would have denied the new trial motion and the reviewing court properly determines that the ruling would not have been an abuse of discretion, or the reviewing court properly determines as a matter of law that the motion lacked merit. [Citations]" (People v. Braxton, supra, 34 Cal.4th at pp. 817-818.)

However, where the reviewing court is unable to assess the prejudice issue, that is, where the court is unable to determine with sufficient certainly whether a new trial motion was meritorious as a matter of law or whether the trial court would properly have exercised its discretion in favor of granting or denying the motion, the court may remand the matter for a belated hearing on the new trial motion, absent a showing that a fair hearing on the motion is no longer possible. (People v. Braxton, supra, 34 Cal.4th at pp. 818-820.) For example, in Braxton, the court remanded the matter for a hearing on the motion because the trial court did not permit defense counsel to present the juror

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