In what circumstances will counsel be able to challenge the findings of a jury in a criminal case in which they did not object to the prosecution's comments?

In our opinion in the Companion Appeal, we chose to address the prosecutorial misconduct issues despite the fact that defense counsel did not object to the remarks, and therefore waived any challenge to them. We quoted People v. Berryman (1993) 6 Cal.4th 1048 (overruled on another ground in People v. Hill (1998) 17 Cal.4th 800, 822-823, & fn. 1), for the proposition that "when we consider each of the challenged comments in its context, we simply cannot conclude that the prosecutor used a method to persuade the jury that was 'deceptive' or reprehensible.'" (People v. Berryman, supra, 6 Cal.4th at p. 1072.) We held that there was no prosecutorial misconduct. That being the case, there was no ineffective assistance of counsel for failure to object to the prosecution's statements at the time of trial.