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SOBCZAK v. STATE

Nos. 83-1191, 83-1315.

462 So.2d 1172 (1984)

Dennis Richard SOBCZAK, Appellant, v. STATE of Florida, Appellee. Thomas Grover VAUGHN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing and Rehearing Denied February 27, 1985.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Stephen W. Benedict, Asst. Public Defender, West Palm Beach, for appellants.

Dennis R. Sobczak, pro se.

Jim Smith, Atty. Gen., Tallahassee, and Sarah B. Mayer, Asst. Atty. Gen., West Palm Beach, for appellee.

Rehearing and Rehearing En Banc Denied February 27, 1985.

BARKETT, Judge.

Defendants below contend that identification testimony resulting from a lineup conducted without defense counsel should have been suppressed. We agree and reverse.

The defendants were arrested for armed robbery and afforded a first appearance before a magistrate. Subsequent thereto an order was obtained from a second judge which provided that "both defendants shall participate...

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