When will a prosecutor make mitigation arguments in a sexual assault case?

People v. Dyer (1988) 45 Cal.3d 26, 82, 246 Cal.Rptr. 209, 753 P.2d 1, italics omitted), the prosecutor may argue "a particular mitigating circumstance, such as [Johnsen's] remorse for his victims, is lacking from the case" ( ibid. ) and may also "urge[ the jury] not to be swayed by arguments for sympathy" ( People v. Sanders (1995) 11 Cal.4th 475, 554, 46 Cal.Rptr.2d 751, 905 P.2d 420 ). Here, the district attorney pointed to Johnsen's lack of remorse or mercy for his victims, and urged the jury not to offer any sympathy. Such arguments opposing mitigation do not offend due process.