What is the test for a change of venue in a murder case?

Section 1033 states in relevant part: "In a criminal action ... the court shall order a change of venue ... [o]n motion of the defendant, to another county when it appears that there is reasonable likelihood that a fair and impartial jury cannot be had in the county...." We have explained that "Whether raised on petition for writ of [742 P.2d 1320] mandate or on appeal from judgment of conviction, the reviewing court must independently examine the record and determine de novo whether a fair trial is or was obtainable. [Citations.] The factors to be considered are the nature and gravity of the offense, the nature and extent of the news coverage, the size of the community, the status of the defendant in the community, and the popularity and prominence of the victim." (People v. Harris (1981) 28 Cal.3d 935, 948, 171 Cal.Rptr. 679, 623 P.2d 240.)

Of these factors, only the first weighs in favor of a change of venue in this case. "Murder is, of course, a crime of the utmost gravity, and these murders were especially heinous." (People v. Harris, supra, 28 Cal.3d at p. 948, 171 Cal.Rptr. 679, 623 P.2d 240.)