without any details without information regarding an arrest or charging just the fact that these two individuals knew each other and were together on two separate occasions prior to this in france would be even though you say it was older before that stale boat his appearance with this release ten days if that's going to refresh that we see that it was not just some happenstance it was because he was a probably committed the crime admitting other crimes and evidence for something that made a reasoned decision that took into account all of the facts and circumstances before it they considered the time of day it considered the location it considered the defendants have accompli considered the type of victim they considered how the two individuals arrived at the scene it considered who the vehicle was registered to consider the contents of the vehicle and the types of items stolen and it consider these circumstances somewhat unique everybody just others who say you need but the reality is that everything you just said is generic each one of those circumstances considered in isolation might be well that the distinctive features between the vets which indicate that degree of similarity that are required for motor operandi modus operandi i'm st of all we have both involving an automotive business is b travel to the scene are not just in both instances if then we have they are not just why not just limit the testimony to the fact that these two individuals have been together in the past  through regular evidence anyway and he's made that concession during their emotional moment so the state could have just said we just want to put in evidence that these two individuals heaven the contents of the bins which included tools and vehicle parts we also have which i think is probably the most significant factor we have very specific items that are being stolen we have tires or items that are associated with tires removal of tires so we know based on that that these two individuals are in the business of stealing car parts her related parts and i think that goes again not just to show that these two individuals are connected but to show the degree and the extent to which they are connected and i think that kind of circles back around just look at your question and i don't think that the jury should have been limited in just knowing that these two individuals were somehow connected i think the jury should have been able to explore the degree of their connection and we extend to what you've just argued this propensity which is exactly the reason why evidence of other crimes should not in the ordinary case come in there are particular exceptions now with that because they did it before they got it's what you just said i think i was just getting at that they should be able to explore the quality of the magnitude of the relationship between these individuals not just that they were allow them unless you show features that identify them as the people who committed this particular tells the jury that they're not to consider that for a propensity that they are only to consider for a very certain purpose m m but there is no you there's no well that the jury should have the instruction or give any sort of comment as that evidence was coming in i would have to inspect the record here i write i don't know the answer to this but in addition to and he was one hundred percent sure of it so what's i think this strong evidence of the relationship between the defendant and mr ruiz goes to bolster in strength then on the eyewitnesses identification again the eyewitness did not know about any prior connections or associations between these two individuals but in spite of that he used two separate photo lineups and in under a minute he identifies both individuals from two separate lines without knowing their identity without knowing their association without knowing that there was a receipt found in the vehicle which indicated a prior association and without knowing that both of those individuals arrived at their would deal he had to report the vehicle stolen ten days