What is the test for denying a defendant's right to a new trial?

denial of due process. [Citation.] Under state law, a prosecutor who uses such methods commits misconduct even when those actions do not result in a fundamentally unfair trial." (People v. Ellison (2011) 196 Cal.App.4th 1342, 1352-1353.) The prosecutor's improper conduct need not be intentional to constitute reversible error. (People v. Bolton (1979) 23 Cal.3d 208, 214.)

"It is improper for the prosecutor to misstate the law generally, and in particular, to attempt to lower the burden of proof." (People v. Ellison, supra, 196 Cal.App.4th at p. 1353.) "[W]hen the claim [of prosecutorial misconduct] focuses upon comments made by the prosecutor before the jury, the question is whether there is a reasonable likelihood that the jury construed or applied any of the complained-of remarks in an objectionable fashion." (People v. Samayoa (1997) 15 Cal.4th 795, 841.) We reverse a defendant's conviction because of prosecutorial misconduct when "it is reasonably probable the result would have been more favorable to the defendant in the absence of the misconduct." (People v. Ellison, supra, at p. 1353.)