the evidence there was evidence that he was chasing him with a bat the our position is that that shay's was not sufficient cooperation of leaders bringing them back at every grade this case was charged and prosecuted the court would loath the threat was the swing of the bat that's why grady was the only victim charged in with regards to this count if if the inside the house of the civilians human for a threat from the fact that the people who had been inside the house fled the house when the fun and kicked the door in them chased them with a baseball bat for a good that that's not how the state charged it in the court of law that ok let me ask you this in your initial brief did you indicate anything about in your opening riff about the charging in below now do you do you have any case law that if for the proposition that he can only be convicted of a home invasion by swinging the bat which was the charging document verses the jury instruction that the independent evidence must relate to the specific events on which the prosecution is predicated and again our position is that the specific events on which the prosecution will be predicated here was swinging the bat at  both of those have been met based on council's failure to object to the street drop from well down but we've got here defendant's own testimony regarding the fact that the drugs were worth a no good defense its statement was not sufficient in this case and not well because we have pretty unique facts and circumstances here and working out what the defendant actually told the officers of the defendants as it is just based on him i mean the drugs just looking at what is in the box he never weighed the drugs he doesn't know how my is in the box in fact he statement for just one moment which as i explained i didn't have sufficient knowledge to make which is taking the police officers testimony council would provide effective this counsel was it in effective if only as long as you assume that the fine can be based on both tested in contest and substances which should not be the case and  same problem that the police officer has here he doesn't know that they are what they claim to be that there actually are a box full of drugs so i think the question here really turn of the offense so he testified that once he determined that i think it was between thirty and five hundred grams of cocaine with the element he then randomly took the little pieces he had taken out of those each of those test was positive so the question is can we infer from that activity that their remaining tiny babies in the same large baby which also appeared to be the same substance visually were also cocaine and i think under the facts it certainly a fair inference here and all of the case law goes to this question of whether the element of the amount has been proven beyond a reasonable doubt so here the state mean considering the cannabis the street value was more like fourteen thousand so we had a circumstance where defense counsel really had no real incentive to object to a street valuation that at the time was obviously significantly winds if we decided that this isn't the proper way to get testimony and street value i would argue that the court should just decide on the fastest they are i don't know that it makes a huge difference we would certainly retest i think the number would end up being much higher not even in the one thousand but then the forty thousand that we have support for the record from the detective testimony from the detective to support the expert valuation of the drugs that this statute itself allows us to come straight from the defendant and we have no reason to believe that the defendant we know that he he explain what he's saying with street knowledge was that he thought that basically twenty five hundred dollars could give you x amount drugs so it's based on some sort of generalized idea not on possibly raise a third stage evidentiary hearing all we have to show now is arguable deficient performance and there's an arguable basis that it is three thousand three thousand dollars fine should polls and if the for counsel