North

Dennis James North appeals the judgment sentencing him to prison for second degree burglary, following an order revoking his probation.

While on probation, North was charged with assault with a deadly weapon and carrying a concealed firearm. He admitted being out of the jurisdiction without the permission of his probation officer, but denied the. alleged criminal violations. At the evidentiary hearing North did not testify. He contends he was forced to an unfair election between his right to testify at the probation revocation hearing and his right to remain silent about the criminal charges.

*532 North’s claim of error was asserted before the Supreme Court decision in People v. Coleman, 13 Cal.3d 867 [ 120 Cal.Rptr. 384 , 533 P.2d 1024 ]. Coleman made the same argument as that advanced here claiming that since his testimony at the probation revocation hearing could be used against him at the related criminal trial “. . . the meaningful opportunity to be heard assured him by Morrisseys. Brewer (1972) 408 U.S. 471, 489 , . . . was essentially nugatory.” (People s. Coleman, supra, 13 Cal.3d 867, 871 .) The Supreme Court refused to consider the constitutional issues raised…