People v. Bustamante

Opinion

TOBRINER, J.

United States v. Wade (1967) 388 U.S. 218 [18 L.Ed.2d 1149, 87 S.Ct. 1926], established the right of a defendant under the federal Constitution to the assistance of counsel at a pretrial lineup. In People v. Fowler (1969) 1 Cal.3d 335 [82 Cal.Rptr. 363, 461 P.2d 643], we followed the reasoning of Wade to hold that defendant is entitled to counsel at a preindictment lineup; in Kirby v. Illinois (1972) 406 U.S. 682 [34 L.Ed.2d 411, 92 S.Ct. 1877], however, the United States Supreme Court limited the right to counsel to postindictment *92lineups.1 We therefore face, as a matter…