How have the courts treated the issue of improper comments by a prosecutor in closing argument?

address the matter in closing argument and attempt to convince the jury defense counsel's arguments were inconsistent and unsupported by the evidence. But although a prosecutor is accorded wide latitude in attacking the defense's case (People v. Gamache (2010) 48 Cal.4th 347, 390), to the extent the prosecutor here did not simply argue the defense was unsupported by facts and thus a sham, but that defense counsel "talks trash," the argument improperly implied that counsel was personally dishonest. " 'An attack on the defendant's attorney can be seriously prejudicial as an attack on the defendant himself, and, in view of the accepted doctrines of legal ethics and decorum [citation], it is never excusable.' " (People v. Hill (1998) 17 Cal.4th 800, 832.) The prosecutor's comments here were improper, as well as disrespectful.

It is not reasonably likely, however, the jury understood or applied the prosecutor's improper comments to defendant's detriment. The prosecutor's impermissible comments were fleeting and occurred after a discussion about the weaknesses in the defense's case. It is clear from the whole of the prosecutor's statements that he was attacking the validity of the defense presented. Accordingly, the prosecutor's comments did not rise to the level of prejudicial misconduct. (See People v. Seumanu, supra, 61 Cal.4th at pp. 1336-1337.)

Defendant's second allegation of misconduct is also unavailing. "As a general rule a defendant may not complain on appeal of prosecutorial misconduct unless in a timely fashion--and on the same ground--the defendant made an assignment of misconduct and requested that the jury be admonished to disregard the impropriety." (People v. Samayoa (1997) 15 Cal.4th 795, 841.) "[O]therwise, the point is reviewable only if an admonition would not have cured the harm caused by the misconduct." (People v. Price (1991) 1 Cal.4th 324, 447.) Here, defense counsel did not object to the prosecutor's statements regarding defendant's previous plea agreement and its relation to his mental abilities. He also does not argue that an admonition would not have cured any resulting harm. Thus, he has forfeited his claim that the prosecutor committed

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