Fonseca

OPINION Rejecting defendant's claims that a defense witness should have been compelled to testify, we affirm his cocaine trafficking conviction. We hold that a convicted defendant retains his Fifth Amendment privilege as to subsequent proceedings against other defendants at least until the time he no longer retains the right to file a timely notice of appeal. BACKGROUND An undercover officer approached Marcelo Ramirez and asked to buy cocaine. Ramirez told the officer to wait and walked several feet over to defendant, who gave Ramirez something from his pocket. Neither the officer nor his partner (still in the vehicle) could see what defendant gave Ramirez or hear what was going on. Ramirez handed cocaine to the officer. Other officers immediately arrested defendant and Ramirez. The police found no drugs, money, or paraphernalia on defendant. Ramirez pled guilty and was placed on probation September 14, 1992, to serve the first 365 days in jail. On October 1, 1992, defendant called Ramirez to the stand as a defense witness, expecting him to testify that he had not acquired the cocaine from defendant and that defendant had nothing to do with the sale. The trial court appointed…