What is the test for a motion for a new trial based on newly discovered evidence?

This court reviews the trial court's ruling on a motion for new trial under the deferential abuse of discretion standard. (People v. Howard (2010) 51 Cal.4th 15, 43.)

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3. Analysis

The trial court may grant a new trial "[w]hen new evidence is discovered material to the defendant, and which he could not, with reasonable diligence, have discovered and produced at the trial." ( 1181, cl. (8).) "In ruling on a motion for new trial based on newly discovered evidence, the trial court considers the following factors: '"1. That the evidence, and not merely its materiality, be newly discovered; 2. That the evidence be not cumulative merely; 3. That it be such as to render a different result probable on a retrial of the cause; 4. That the party could not with reasonable diligence have discovered and produced it at the trial; and 5. That these facts be shown by the best evidence of which the case admits."' [Citations.]" (People v. Delgado (1993) 5 Cal.4th 312, 328.) The trial court may consider the credibility of the evidence was well as its materiality in determining whether introducing the evidence in a new trial would make a different result reasonably probable. (People v. Howard, supra, 51 Cal.4th at p. 43.)