What is the test for a motion for a mistrial?

A trial court's ruling denying a mistrial is reviewed for an abuse of discretion. (People v. Ayala (2000) 23 Cal.4th 225, 283.) A motion for mistrial "should be granted only when a party's chances of receiving a fair trial have been irreparably damaged." (Ibid.)

Defendant based his mistrial motion on the prosecution inadvertently playing an unredacted recording revealing that defendant went to prison for drug use. "'When, as in this case, a jury innocently considers evidence it was inadvertently given, there is no misconduct.' [Citation.] Rather, all that appears is ordinary error. . . . [] . . . [W]ith ordinary error, prejudice must be shown and reversal is not required unless there is a reasonable probability that an outcome more favorable to the defendant would have resulted." (People v. Clair (1992) 2 Cal.4th 629, 668; see also People v. Jackson (1996) 13 Cal.4th 1164, 1213 -1214.)