Can a prosecutor be charged as misconduct for making disparaging remarks in an opening statement?

"[R]emarks made in an opening statement cannot be charged as misconduct unless the evidence referred to by the prosecutor 'was "so patently inadmissible as to charge the prosecutor with knowledge that it could never be admitted."' [Citation.]" (People v. Wrest (1992) 3 Cal.4th 1088, 1108.) We are not sure the evidence here met this standard, or that the trial court would have had enough information before it to enable it to rule on an in limine motion to exclude that evidence. Thus, we cannot conclude, on the record before us, that counsel's failure to object or make such a motion constituted deficient performance.