Callahan

Recently, the California Supreme Court held that “when a trial court, after examining all the relevant circumstances, grants a new trial in a criminal case on grounds that proven misconduct was prejudicial, that determination is not subject to independent or de novo review on appeal, but may be affirmed unless it constituted an abuse of discretion.” (People v. Ault (2004) 33 Cal.4th 1250, 1255 [ 17 Cal.Rptr.3d 302 , 95 P.3d 523 ] (Ault).) Although Ault concerned the grant of a new trial based on juror misconduct, we conclude that the principle of deference to orders granting a new trial applies with equal force to the granting of a new trial on the ground of ineffective assistance of counsel, as we previously held in People v. Andrade (2000) 79 Cal.App.4th 651, 659-662 [ 94 Cal.Rptr.2d 314 ] (Andrade). We further conclude that not only is the trial court’s determination of prejudice in granting a new trial motion subject to the abuse of discretion standard of review, but also that the court’s determination whether counsel’s representation was deficient is subject to the same standard of review and not to independent review, as urged by the People. This result is…