Can a prosecutor make an improper comment on appellant's assertion of his Fifth Amendment right not to testify?

Appellant contends the italicized portion of the prosecutor's argument was an improper comment on appellant's assertion of his Fifth Amendment right not to testify. "Under the rule in Griffin v. California [(1965)] 380 U.S. 609 [(Griffin)], error is committed whenever the prosecutor . . . comments upon defendant's failure to testify. [Citation.] However, not every comment upon defendant's failure to present a defense constitutes Griffin error." (People v. Vargas (1973) 9 Cal.3d 470, 475.) A prosecutor may commit Griffin error "if he or she argues to the jury that certain testimony or evidence is uncontradicted, if such contradiction or denial could be provided only by the defendant, who therefore would be required to take the witness stand. [Citations.]"

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(People v. Bradford (1997) 15 Cal.4th 1229, 1339.) The rule does not extend to a prosecutor's comments on the state of the evidence, "including the failure of the defense to introduce material evidence or to call witnesses." (People v. Mincey (1992) 2 Cal.4th 408, 446; see also People v. Medina (1995) 11 Cal.4th 694, 756.)