What is the test for a motion to disqualify a district attorney?

23. Section 1424 provides that a motion to disqualify a district attorney "may not be granted unless the evidence shows that a conflict of interest exists that would render it unlikely that the defendant would receive a fair trial." Section 1424 establishes "a two-art test: (i) is there a conflict of interest?; and (ii) is the conflict so severe as to disqualify the district attorney from acting? Thus, while a `conflict' exists whenever there is a `reasonable possibility that the DA's office may not exercise its discretionary function in an evenhanded manner,' the conflict is disabling only if it is `so grave as to render it unlikely that defendant will receive fair treatment.' [Citation.]" (People v. Eubanks (1996) 14 Cal.4th 580, 594, 59 Cal.Rptr.2d 200, 927 P.2d 310, fn. omitted; see also People v. Millwee, supra, 18 Cal.4th at p. 123, 74 Cal.Rptr.2d 418, 954 P.2d 990.)

24. Defendant appears to characterize factors (e) and (f) of section 190.3 as potentially applicable in aggravation. Those factors, however, have been consistently and correctly viewed only as mitigating. (See People v. Marshall, supra, 13 Cal.4th at pp. 856-857, 55 Cal.Rptr.2d 347, 919 P.2d 1280.)