What is the test for a claim of prosecutorial misconduct against a defendant for failing to object at trial?

"'"A prosecutor's conduct violates the Fourteenth Amendment to the federal Constitution when it infects the trial with such unfairness as to make the conviction a denial of due process. 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 trial court or the jury."' [Citation.]" (People v. Seumanu (2015) 61 Cal.4th 1293, 1331-1332.)

"'[T]he term prosecutorial "misconduct" is somewhat of a misnomer to the extent that it suggests a prosecutor must act with a culpable state of mind. A more apt description of the transgression is prosecutorial error.' [Citation.]" (People v. Centeno (2014) 60 Cal.4th 659, 666-667.)

Defense counsel forfeited defendant's present contention by failing to object at trial. "[I]n order to preserve a claim of prosecutorial misconduct for appeal, a defendant must make a timely and specific objection to the alleged misconduct and request the jury be admonished to disregard it. [Citations.]" (People v. Seumanu, supra, 61 Cal.4th at p. 1339.) Defendant argues, however, that defense counsel's failure to object constituted ineffective assistance of counsel. We will address the issue under this rubric.

"[I]t is misconduct for a prosecutor, during argument, to misstate the law [citation] . . . ." (People v. Whalen (2013) 56 Cal.4th 1, 77.) "'To prevail on a claim of prosecutorial misconduct based on remarks to the jury, the defendant must show a reasonable likelihood the jury understood or applied the complained-of comments in an

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improper or erroneous manner. [Citations.] In conducting this inquiry, we "do not lightly infer" that the jury drew the most damaging rather than the least damaging meaning from the prosecutor's statements.' [Citation.]" (People v. Seumanu, supra, 61 Cal.4th at p. 1337.)