Does privilege not to become a witness make a defendant unavailable?

6 The privilege of a defendant in a criminal case not to become a witness does not make him unavailable. As a party, he is in a position to control his availability. (See comment on Evid.Code, 240: "Moreover, if the out-of-court statement is that of the party himself, he may not create 'unavailability' under this section by invoking a privilege not to testify"; see also, People v. Cruz (1968) 264 Cal.App.2d 350, 356-357, fn. 6, 70 Cal.Rptr. 603.)