What is the test for overruling a defendant's objection to a prosecutor's reference to sexual assault in his opening statement?

Because the court properly overruled defendant's objection to the evidence, it acted within its discretion in denying defendant's mistrial motion following the prosecutor's reference to it in his opening statement. (People v. Hines (1997) 15 Cal.4th 997, 1038, 64 Cal.Rptr.2d 594, 938 P.2d 388.)

Defendant contends the prosecutor's argument to the jury was misleading and contrary to facts the prosecutor knew. The issue is not cognizable on appeal because defendant did not object to the argument at trial, and an objection could have cured any harm. (People v. Riel (2000) 22 Cal.4th 1153, 1212, 96 Cal.Rptr.2d 1, 998 P.2d 969.) Defendant claims that because the court admitted the statement over his objection, any objection "to the prosecutor's argument or to the (misleading) inference he sought to have the jury draw" would have been futile. We disagree. A hearsay objection is different from an objection that argument is misleading or contrary to the known facts. Defendant was obligated to object at trial to preserve the point for appeal. (Id. at pp. 1212-1213, 96 Cal.Rptr.2d 1, 998 P.2d 969.) This he failed to do.