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STATE v. BRAGG

No. 77-2075.

371 So.2d 1080 (1979)

STATE of Florida, Appellant, v. Gary Wade BRAGG, Appellee.

District Court of Appeal of Florida, Fourth District.

June 13, 1979.

Attorney(s) appearing for the Case

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

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

PER CURIAM.

This 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...

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