What constitutes prosecutorial misconduct in a criminal case?

We review all of the claimed instances of misconduct in accordance with the " 'applicable federal and state standards regarding prosecutorial misconduct' " that are " 'well established. " 'A prosecutor's . . . intemperate behavior violates the federal Constitution when it comprises a pattern of conduct "so egregious that it infects the trial with such unfairness as to make the conviction a denial of due process." ' " [Citations.] Conduct by a prosecutor that does not render a criminal trial fundamentally unfair is prosecutorial misconduct under state law only if it involves " ' "the use of deceptive or reprehensible methods to attempt to persuade either the court or the jury." ' " [Citation.]' [Citation.] '[W]hen the claim focuses upon comments made by the prosecutor before the jury, the question is whether there is a reasonable likelihood that the jury construed or applied any of the complained-of remarks in an objectionable fashion.' [Citation.]" (People v. Smithey (1999) 20 Cal.4th 936, 960; see also People v. Prieto (2003) 30

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Cal.4th 226, 260.) "We note that, as will be applicable to many of defendant's assertions of misconduct, '[a]lthough it is misconduct for a prosecutor intentionally to elicit inadmissible testimony [citation], merely eliciting evidence is not misconduct.' [Citation.]" (People v. Fuiava (2012) 53 Cal.4th 622, 679.)