What is the test for a motion for a new trial in a sexual assault case where ineffective assistance of counsel is found?

^6. Although ineffective assistance of counsel is not one of the statutory grounds for a new trial, "the statute should not be read to limit the constitutional duty of trial courts to ensure that defendants be accorded due process of law. 'Upon the trial judge rests the duty of seeing that the trial is conducted with solicitude for the essential rights of the accused.' [Citations.]" (People v. Fosselman (1983) 33 Cal.3d 572, 582.) Accordingly, in additional to the statutory grounds ( 1181), a new trial may be granted where the trial court finds that the defendant received ineffective assistance of counsel. (Fosselman, supra, at pp. 582-583.)