Does a prosecutor have to be admonished for making inappropriate statements to the jury?

Even if the statements were inappropriate, they did not "'"'so infect[] the trial with unfairness as to make the resulting conviction a denial of due process'"'" (People v. Earp, supra, 20 Cal.4th at p. 858), and did not constitute deceptive or reprehensible methods to attempt to persuade the jury to find defendant guilty. (People v. Wallace (2008) 44 Cal.4th 1032, 1070.)

Furthermore, defense counsel did not request an admonition as to the first statement and did not even object to the second statement in the trial court. An admonition would have avoided any possibility of the jury construing the statements as suggesting defendant had the burden of producing evidence of innocence. (People v. Earp, supra, 20 Cal.4th at p. 858.) Because any harm could have been cured by an admonition, defendant's failure to make a timely objection and ask the court to admonish the jury precludes him from now challenging the prosecutor's comments.

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