
    The STATE of Florida, Appellant, v. Eric James MARSHALL, Appellee.
    No. 96-1364.
    District Court of Appeal of Florida, Third District.
    Dec. 26, 1996.
    Robert A. Butterworth, Attorney General, Paulette R. Taylor, Assistant Attorney General, for appellant.
    Bennett H. Brummer, Public Defender, Donald Tunnage, Special Assistant Public Defender, for appellee.
    
      Before NESBITT, GODERICH and GREEN, JJ.
   PER CURIAM.

We find that the trial court properly granted the defendant’s motion to suppress evidence of a post-indictment lineup where such lineup was a critical stage of the prosecution during which, absent an intelligent waiver, the defendant was entitled to have counsel present. U.S. v. Wade, 388 U.S. 218, 87 S.Ct. 1926,18 L.Ed.2d 1149 (1967).

Affirmed.  