Can a prosecutor argue that prosecutorial misconduct gave rise to an obligation to instruct the jury that it must unanimously agree which of the four people intended to kill?

California, United States of America

The following excerpt is from People v. Anderson, B251527 (Cal. App. 2019):

It seems then that Cox contends that prosecutorial misconduct gave rise to the trial court's obligation to instruct the jury that it must unanimously agree which of the four people defendants intended to kill. Such an argument does not resolve the forfeiture issue. "In order to preserve a claim of prosecutorial misconduct for appeal, the defense must make a timely objection at trial and request an admonition. [Citations.]" (People v. Gutierrez (2002) 28 Cal.4th 1083, 1146.) Cox did not object to the prosecutor's argument or request an admonition.

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