Sharp

Defendant Harry Arthur Sharp appeals from convictions for robbery (Pen. Code, § 211) of a bank, a finance company and a wine shop on the grounds he was denied his constitutional right to counsel at a corporeal lineup which took place after he was arrested, charged and had obtained counsel for the bank robbery, but before any formal charges had been filed in the other crimes. We conclude that, under the circumstances presented, evidence of the uncharged offenses obtained at a lineup conducted without notice to and in the absence of his attorney, was obtained in violation of defendant’s right to counsel.

At the time of the robbery of the Pittsburg branch of Crocker Bank on June 24, 1981, defendant was suspected in several other robberies in the Pittsburg-Antioch area. Defendant was arrested for the bank robbery on July 3 and arraigned on July 6, at which time he requested the services of an attorney and was referred to the public defender. Following defendant’s arrest, Pittsburg Police Detective White discussed the possibility of a corporeal lineup with another detective of the Antioch Police Department. The subject also arose in his discussion with a deputy district…