In what circumstances will a prosecutor be found not to have made a misconduct remark to a jury during jury voir dire?

A similar remark was found not to be misconduct in People v. Franco (1994) 24 Cal.App.4th 1528. In that case, during jury voir dire, the prosecutor stated, " 'I think we can all pretty much admit that there is a tremendous gang problem in Los Angeles County, there is a lot of violence. [] There is not a day that goes by that you don't open up the Metro Section and read about some senseless drive-by shooting.' " (Id. at p. 1535.) The court found that this "stated what is common knowledge." (Ibid.) Here, trial counsel could reasonably have determined that the prosecutor's remarks about New Year's Eve shootings likewise were within the jury's common knowledge and were not facts outside the record, such that an objection would not have been successful.