In what circumstances will a judge grant a motion under section 1181(6) of the Criminal Code for a new trial if the jury fails to agree to acquit?

Porter v. Superior Court, supra , 47 Cal.4th at p. 133, 97 Cal.Rptr.3d 103, 211 P.3d 606.) In these circumstances, "the judge acts as a 13th juror who is a holdout for acquittal. Thus, the grant of a section 1181(6) motion is the equivalent of a mistrial caused by a hung jury. [Citation.]" (Ibid. ) "Whereas a jury must acquit if it finds the evidence insufficient, a trial court ruling on an 1181 motion may only grant the defendant a new trial if it is not convinced of guilt beyond a reasonable doubt. [Citation.] This rule permits trial court oversight of the verdict but ensures that the People, like the defendant, have the charges resolved by a jury." (Ibid. )