Berry

Michael Edward Berry was convicted of perjury following a court trial. (Pen. Code, § 118.) 1 He appeals, raising the single contention the evidence of his false testimony during a family court proceeding should have been excluded from evidence in his perjury trial because of the failure of the family court to warn Berry at that time of his rights against compelled self-incrimination as established by the Fifth Amendment of the United States Constitution. (See also, Cal. Const., art. I, § 15; Evid. Code, § 940.) Based upon the record before us, we find the family law judge had no duty to warn Berry of such rights at that hearing. We therefore affirm.

Factual and Procedural Background

At an order to show cause hearing re-modification of child support and visitation held February 8, 1988, in a family court proceeding, 2 Berry was ordered effective February 1, 1988, to pay child support in the amount of $200 per month to the County of San Diego (the county) by way of wage assignment. A review hearing was set for May 24, 1988.

*1452 On that date, Berry appeared at the hearing and stated to the court he was then employed at the Mervyn’s store in Escondido and that $100 every…