Is a witness entitled to assert the Fifth Amendment privilege against self-incrimination?

A trial court determination of whether a witness is entitled to assert the Fifth Amendment privilege against self-incrimination is subject to independent review. (People v. Seijas (2005) 36 Cal.4th 291, 304.)

In People v. Fonseca (1995) 36 Cal.App.4th 631 (Fonseca), the witness had pled guilty and had been sentenced. When called to testify at a codefendant's trial, however, the witness invoked the Fifth Amendment. (Fonseca, at p. 633.) The defendant challenged the witness's right to invoke the Fifth Amendment privilege and the appellate court determined that a witness/defendant who pleads guilty or takes the stand to testify in his own case waives the privilege as to that proceeding. (Fonseca, at p. 637.) The

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