What is the test for a prosecutor to be found guilty of misconduct in a criminal case?

17 Cal.4th 800, 823, fn. 1 (Hill) [observing that "'prosecutorial 'misconduct' is somewhat of a misnomer. . . . A more apt description of the transgression is prosecutorial error'"].) A prosecutor's lack of bad faith or wrongful intent is not the issue. (People v. Price (1991) 1 Cal.4th 324, 447.) "What is crucial to a claim of prosecutorial misconduct is not good faith vel non of the prosecutor, but potential injury to the defendant." (People v. Benson (1990) 52 Cal.3d 754, 793.) We agree and conclude this portion of the sanity phase must be reversed.

1. Relevant Background