When will a judge grant a motion for a second new trial?

I respectfully dissent. Contrary to the majority's holding, this case is not controlled by the Levi/ Lindsey rule. Rather, it is a case of first impression. For the reasons discussed below, I conclude the trial court had jurisdiction to entertain the second new trial motion. On the merits of granting defendants a new trial, I would defer to the trial court because I do not find a "manifest and unmistakable abuse of discretion" from reviewing the record in this case. (People v. Cox (1991) 53 Cal.3d 618, 694, 280 Cal.Rptr. 692, 809 P.2d 351.)