What is the test for a defendant to obtain a new trial based on newly discovered evidence?

To obtain a new trial based on newly discovered evidence, the moving defendant must show (1) the evidence, and not simply its materiality, is newly discovered; (2) the evidence is not merely cumulative; (3) the defendant in the exercise of reasonable diligence could not have discovered and produced the evidence at trial; (4) the newly discovered evidence is of such strength that a result more favorable to the defendant is probable if the new evidence is admitted on retrial; and (5) these facts are shown by the best evidence of which the case admits. (People v. Howard (2010) 51 Cal.4th 15, 43.) The trial court may also consider the credibility of the evidence in determining " 'whether

Page 20