What is the test for determining whether a defendant has a right to a jury determination based upon proof beyond a reasonable doubt?

Defendant contends the prosecutor's use of an ordinary person's decision to turn while driving as an example of proof beyond a reasonable doubt improperly trivialized the state's burden of proof. He contends even if such misconduct did not amount to structural error, it violated his federal constitutional right to a jury determination based upon proof beyond a reasonable doubt and, accordingly, "[t]he error went to the heart of the defense." Citing People v. Centeno (2014) 60 Cal.4th 659, defendant also contends there was no correction of the error in this case so there was no reason for the jury to reject the prosecutor's hypothetical. The People respond, because defendant did not object to such argument at trial, his claim is forfeited. Additionally, they further argue "[e]ven if the claim had not been forfeited, the prosecutor's remarksthough improperwere harmless." We agree with the People.

"'As a general rule a defendant may not complain on appeal of prosecutorial misconduct unless in a timely fashionand on the same groundthe defendant made an assignment of misconduct and requested that the jury be admonished to disregard the impropriety.'" (People v. Hill, supra, 17 Cal.4th at p. 820.) An exception is made if a timely objection or request for admonition would have been futile, or if an admonition would not have cured the harm caused by the misconduct. (Ibid.) "The reason for this

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rule, of course, is that 'the trial court should be given an opportunity to correct the abuse and thus, if possible, prevent by suitable instructions the harmful effect upon the minds of the jury.'" (People v. Green (1980) 27 Cal.3d 1, 27, overruled on other grounds in People v. Martinez (1999) 20 Cal.4th 225, 239.)