Is there any case law where a defendant relies on a statement that refers to the right to counsel?

California, United States of America

The following excerpt is from People v. Esparza, F067455 (Cal. App. 2015):

Defendant next relies on another statement: "[T]ell Diane ... to ... have ... her give you the number for Bianca and then there's an attorney's number right there too in the text to see what they say." Defendant argues the prosecution cannot use a person's invocation of the right to counsel against them. (Citing People v. Coffman and Marlow (2004) 34 Cal.4th 1, 65.) It is true that a prosecutorial argument that "penalizes exercise of the right to counsel is ... prohibited. [Citations.]" (Ibid., italics added.) But in this

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