Can a prosecutor who uses deceptive or reprehensible methods to persuade the jury commit misconduct?

"The standards governing review of misconduct claims are settled. 'A prosecutor who uses deceptive or reprehensible methods to persuade the jury commits misconduct, and such actions require reversal under the federal Constitution when they infect the trial with such "'unfairness as to make the resulting conviction a denial of due process.'" [Citations.] Under state law, a prosecutor who uses such methods commits misconduct even when those actions do not result in a fundamentally unfair trial. [Citation.] In order to preserve a claim of misconduct, a defendant must make a timely objection and request an admonition; only if an admonition would not have cured the harm is the claim of misconduct preserved for review. [Citation.]' [Citation.]" (People v. Parson (2008) 44 Cal.4th 332, 359.)

Defendant forfeited his argument that the prosecutor committed misconduct in both instances. With respect to the prosecutor's alleged appeal to the jury's passion and prejudice, counsel objected on the basis that there were other crimes with which defendant could have been charged but was not. He did not object on the basis that the prosecutor's argument rose to the level of misconduct, nor did he request an admonition. With respect to the prosecution's alleged invocation of his professional credibility, defense counsel did not object at all. Neither issue was preserved for review. (See People v. Alfaro (2007) 41 Cal.4th 1277, 1328.)

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