Can a defendant appeal against the finding that a prosecutor made inappropriate statements to the jury?

Defendant did not timely object to the prosecutor's statement or request that the jury be admonished to disregard the claimed impropriety. Rather, he raised the issue in his mistrial motion during jury deliberations. Asserting the claim at that point in the proceedings did not allow for a timely curative admonition to the jury. Thus, defendant may not raise the issue on appeal. (People v. McDermott, supra, 28 Cal.4th at p. 1001.)

In any event, there was no misconduct because the prosecutor did not assert facts outside the record. Rather, he was arguing reasonable inferences from the evidence at trial, as he was allowed to do. (People v. Stanley, supra, 39 Cal.4th at p. 951.) There was no prosecutorial misconduct.