What is the test for a reversal of a motion denying a defendant's motion for a new trial?

California, United States of America


The following excerpt is from People v. Coles, D057933, Super. Ct. No. SCD220436 (Cal. App. 2012):

Defendant argues the trial court abused its discretion in denying his new trial motion because the court's ruling was based on inaccurate facts and ignored some issues. As set forth above, defendant has not shown reversible error based on his claims presented in the new trial motion and reiterated on appeal. On appeal we review the legal correctness of the court's ruling, not the court's rationale. (People v. Zapien (1993) 4 Cal.4th 929, 976.) Because there is no basis for reversal on appeal, there was no reversible error in the court's denial of the new trial motion based on the same claims of error.15

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Moreover, defendant has not shown that the purported errors made by the court created a reasonable probability of a different ruling on the new trial motion absent the errors. (See People v. Braxton (2004) 34 Cal.4th 798, 818.)16 There is no showing of reversible error arising from the court's denial of the new trial motion.

The judgment is affirmed.

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