Does a prosecutor's comments about sexual assault violate a defendant's federal and state constitutional rights?

Moreover, even if we were to conclude that such comments amounted to misconduct, they did not violate defendant's federal constitutional rights because it was not a pattern of conduct so egregious that it infected the trial with such unfairness as to make the conviction a denial of due process (People v. Gionis (1995) 9 Cal.4th 1196, 1214) and did not violate his state constitutional rights as it is not reasonably probable that a result more favorable to defendant would have occurred had the prosecutor refrained from making these comments. (People v. Milner (1988) 45 Cal.3d 227, 245.) These brief references did not infect the trial with such unfairness so as to make the conviction a denial of due process and did not impact his state constitutional rights.

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