How have the courts dealt with misconduct by a prosecutor in a motion to dismiss counts 2 and 3 for insufficient evidence?

The prosecutor's explanation of the reasons underlying the dismissal of counts 2 and 3 was not a fair comment on the evidence before the jury because appellant was no longer charged with these counts. His argument that appellant committed "arguably a dozen residential burglaries" and that appellant was "fortunate" he was only charged with one burglary were based on his personal beliefs, not evidence, which is impermissible. (People v. Medina (1995) 11 Cal.4th 694, 758 ["prosecutors should not purport to rely on their . . . personal beliefs based on facts not in evidence when they argue to the jury"].) It appears the prosecutor attempted to bolster his credibility by relying on the fact that he moved to dismiss counts 2 and 3 for insufficient evidence. This approach invited the jury to convict appellant of the remaining charges based on the prosecutor's credibility and personal beliefs.

Nevertheless, we conclude the prosecutor's misconduct did not prejudice the outcome of appellant's trial. The court

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