371 SO2D 1080 - State v. Bragg

How this case has been cited

Cited by 9 later decisions — most recently December 2005

1 federal appellate · 6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Michael J. Satz, State's Atty., Seventeenth Judicial Circuit, and Patti Englander and Lisa Klein Goldstein, Asst. State's Atty., Fort Lauderdale, for appellant.

¶2John L. Sutton and C.B. Hankel, III, Pompano Beach, for appellee.

¶3PER CURIAM.

¶4This is an appeal from an order granting a motion to suppress any reference at trial to a live lineup conducted before trial. The ruling was apparently based solely on the finding that through the fault of the state appellee's counsel was not present at the lineup which was conducted the day following appellee's arrest for burglary. The lineup took place prior to the appellee's appearance before any judicial officer and prior to the filing of a formal charging document. Under such circumstances we do not believe the appellee had a right to counsel at the lineup. Robinson v. State,351 So.2d 1101 (Fla. 3d DCA 1977); State v. Ciongoli,313 So.2d 41 (Fla. 4th DCA 1975). Accordingly, the order of suppression is reversed.

¶5ANSTEAD and DAUKSCH, JJ., and SCHOONOVER, JACK R., Associate Judge, concur.