What is the standard for improperly appealing to the passion and prejudice of the jury during the penalty phase?

Defendant raises two claims of prosecutorial misconduct at the penalty phase, i.e., improperly appealing to the jurys emotions during closing argument and arguing facts not in evidence. " "The same standard applicable to prosecutorial misconduct at the guilt phase is applicable at the penalty phase. [Citation.] A defendant must timely object and request a curative instruction or admonishment." [Citation.] A defendants failure to object and request an admonition waives a misconduct claim on appeal unless an objection would have been futile or an admonition ineffective. " ( People v. Jackson (2016) 1 Cal.5th 269, 367, 205 Cal.Rptr.3d 386, 376 P.3d 528.)

a. Improperly Appealing to the Passion and Prejudice of the Jury During Closing Argument