In People v. Fabert (1982) 127 Cal.App.3d 604, the prosecutor attempted to rebut the defendant's diminished capacity defense by presenting evidence that the defendant had requested an attorney after she had been advised of her rights under Miranda v. Arizona (1966) 384 U.S. 436. (People v. Fabert, supra, 127 Cal.App.3d at pp. 606, 608.) The Fabert court ruled the prosecutor erred when he "not only impermissibly adduced evidence of defendant's exercise of her right to counsel but attempted to use that evidence to convey the impression that her defense was fabricated." (Id. at p. 610.)