standard is advanced it is advanced to the nd stage the council's appointed since most petitioners lack legal training or experience the petition must be viewed liberally at the st stage a petition advances to the  sexual assault with the element that he was a family member with f t the alleged victim in this case because my client f t were not related by blood or by adoption state needed to prove that they have lived together for six months to prove the family in other other areas of our guilty pleas president's position in fact has no support in either logical or authority but this court need not reach the viability of the court's new prejudice requirement given the procedural posture but that's not that's something that that that might happen eventually but that's not something that's before this court right now the question is whether my client set out the gist of a claim or arguable claim and in this case he did  i noted the question of performance is not in dispute the only question is prejudice and my client so i think that if anyone looked at this at this petition and looked at it with a liberal eye they would see that this was a kind of other shoe series that were used to charge my   arguable prejudice and critically as this court knows under the supreme court's decision and he'll be laugher that case extended to strickland to protest to was a reasonable probability that but for his counsel's errors he would have rejected the entire plea agreement as discussed petitioner only brings a partial defense to the family member charges which are only three of the nine charges that the people any of the other theories in support of those and so he simply says here that he was not the victim's family member this does not show by itself that there was a reasonable probability that he would have rejected the entire plea agreement and proceeded to trial and counsel both camps it doesn't matter to her often that it doesn't matter your honor the supreme court of the united states said that in this context to show prejudice under strickland and underhill the lockhart you must show that there was this reasonable probability that you that petitioner would have rejected the entire plea agreement and would have insisted on going to trial now in order hall it's like the flip side of that same e had to defend himself again against these six other charges assuming he could successfully defend himself against the family member charges in this event had he successfully defended himself at trial against those charge we don't need to know your honor and i think the better reading the whole is looking at whether defendant offered a complete plausible defense to the charge of the charge and paul was aggravated kidnapping and when defendant in that case said that he was so drunk that he was unaware of the presence of a child in the back seat of a car that was a complete defense to the charge of aggravated kidnapping because knowledge is an element of that crime and there was only one charge at do important thing here is to note that he did offer in that case petitioner did offer in that case a complete defense to the charge of aggravated kidnapping so it just that he simply just dealt with one charge and again  important the important load the load start here for this court's analysis today is whether he could show that there was this reasonable probability that but for counsel's errors he would have rejected the entire plea and just simply saying i and possibly innocent you know i'm not excuse me it's not even saying that he abandoned his actual innocence claim before this court today he's just saying i'm simply not the victim's family member and nothing else so for these that he would have rejected the entire plea and with the sentencing exposure there was also not a reasonable probability that the outcome would have been better for petitioner given his extensive criminal history is likely that if he insisted on going to trial he would have faced a much harsher sentence than that which you received under the plea so if this court has no further questions