What is the test for a plaintiff to appeal against a finding of misconduct against a prosecutor in a criminal case?

" ' "[A] defendant may not complain on appeal of prosecutorial misconduct unless in a timely fashionand on the same groundthe defendant made an assignment of misconduct and requested that the jury be admonished to disregard the impropriety. [Citation.]" ' [Citation.] Objection may be excused if it would have been futile or an admonition would not have cured the harm. [Citation.]" (People v. Dykes (2009) 46 Cal.4th 731, 760 (Dykes).) The forfeiture rule applies to Doyle violation claims. (People v. Tate (2010) 49 Cal.4th 635, 691-692 (Tate).)