What is the test for a claim of prosecutorial misconduct in a death penalty case?

Defendant did not object at trial on the basis of prosecutorial misconduct, and the claim is therefore waived. (People v. Champion (1995) 9 Cal.4th 879, 942, 39 Cal.Rptr.2d 547, 891 P.2d 93.) In any event, the claim must be rejected on the merits. Section 190.3 provides that other than evidence in proof of the charged offense or special circumstances subjecting the defendant to the death penalty, the prosecution may not present evidence in aggravation "unless notice ... has been given to the defendant within a reasonable period of time as determined by the court, prior to trial." The statute does not mandate written notification. (People v. Turner (1990) 50 Cal.3d 668, 708, fn. 24, 268 Cal.Rptr. 706, 789 P.2d 887.)