California, United States of America
The following excerpt is from People v. Epps, F070160 (Cal. App. 2017):
"[A] trial court's ruling on a motion for new trial is reviewed under a deferential abuse of discretion standard. [Citation.] Its ruling will not be disturbed unless [the] defendant establishes 'a "manifest and unmistakable abuse of discretion."' [Citations.]" (People v. Hoyos (2007) 41 Cal.4th 872, 917, fn. 27, abrogated in part on other grounds in People v. McKinnon (2011) 52 Cal.4th 610, 641-643.) Where, as "[h]ere, the asserted abuse of discretion is the asserted failure of the trial court to recognize violations of defendant's constitutional rights[,] [o]ur constitutional analysis ... also addresses the abuse of discretion issue." (People v. Hoyos, supra, at p. 917, fn. 27.)
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