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

In ruling on a motion for new trial based on newly discovered evidence, the trial court considers whether: (1) the evidence, and not merely its materiality, is newly discovered; (2) the evidence be not cumulative merely; (3) the evidence is such as to render a different result probable on a retrial of the cause; (4) the party could not with reasonable diligence have discovered and produced it at the trial; and (5) these facts are shown by the best evidence of which the case admits. (People v. Delgado (1993) 5 Cal.4th 312, 328.) Ultimately, a motion for new trial is a matter for the trial court's discretion. Once the court has denied the motion, its exercise of discretion will not be

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overturned on appeal absent a manifest abuse of discretion. On appeal, we assess this question based on the facts and circumstances of the underlying case. (People v. Delgado, supra, 5 Cal.4th at p. 328.)