Can a prosecutor be charged with misconduct for making comments in rebuttal to a defense argument?

before the jury, the question is whether there is a reasonable likelihood that the jury construed or applied any of the complained-of remarks in an objectionable fashion." ( People v. Berryman (1993) 6 Cal.4th 1048, 1072, 25 Cal.Rptr.2d 867, 864 P.2d 40.)

Where the alleged misconduct arises from the prosecution's rebuttal argument, "[p]rosecutors may make vigorous arguments and fairly comment on the evidence; they have broad discretion to argue inferences and deductions from the evidence to the jury. [Citation.] In particular, [r]ebuttal argument must permit the prosecutor to fairly respond to arguments by defense counsel. [Citations.] Indeed, even otherwise prejudicial prosecutorial argument, when made within proper limits in rebuttal to arguments of defense counsel, do[es] not constitute misconduct. [Citations.] In such circumstances, the prosecutor cannot be charged with misconduct if [her] comments only spill over somewhat into a forbidden area; the departure from propriety must be a substantial one. [Citation.]" ( People v. Reyes (2016) 246 Cal.App.4th 62, 74, 200 Cal.Rptr.3d 584.) "[A] prosecutor is justified in making comments in rebuttal, perhaps otherwise improper, which are fairly responsive to argument of defense counsel and are based on the record." ( People v. Hill (1967) 66 Cal.2d 536, 560, 58 Cal.Rptr. 340, 426 P.2d 908.) Despite such leeway, "it is improper for the prosecutor to misstate the law generally [citation], and particularly to attempt to absolve the prosecution from its ... obligation

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