In a death penalty case, in what circumstances will the defense counsel object to the prosecutor's remarks that the lack of mitigating evidence supports a death sentence?

Because defense counsel did not object to the prosecutor's remarks now being challenged, the issue has not been preserved for appeal. (People v. Hines, supra, 15 Cal.4th at p. 1064, 64 Cal. Rptr.2d 594, 938 P.2d 388.) Even if properly before us, the claim lacks merit. The prosecutor never stated or suggested that the nonexistence of mitigating evidence was itself an aggravating factor. (Id. at p. 1063, 64 Cal.Rptr.2d 594, 938 P.2d 388.) Fairly read, and as previously discussed, the prosecutor's remarks expressed the view that the evidence of aggravating factors, coupled with the dearth of mitigating evidence, supported a penalty of death over life imprisonment. There was no impropriety in the argument.