mr anderson was just a victim he was be chased by you and i really want drunken person in gauging road rage and he would have every reason to fear that someone doing that and  because no testimony that by history understood that he was afraid that he was concerned it was the state's case it went to the jury correct correct yeah so what was the judge then going to use to make that determination if if he has nothing but a sentence in your yes he has nothing to because the only thing we can we can look at from the facts are  mean i guess it depends on how you define it but i would say no i mean to leave in my mind anyway antisocial is being a threat to people in the in the shots didn't occur until he was actually confronted by a drunken irate man gage today is that the trial court failed to consider certain factors in mitigation we addressed the merits of that alleged argument in our brief and we stand by our position that the trial court properly applying the factors in mitigation state that it has considered all of the factors in mitigation aggravation it is presumed to have done so unless the evidence indicates otherwise but here judgment girl went through the factors in mitigation specifically and said that he considered them and he did so without the benefit of counsel offering any argument on those points and in defendant opening brief he says that the only thing that counsel argued in the cool sentence emotion was that the sentence was excessive so for a defendant to stand here today because in the opening brief r p g fifteen of his open brief counsel acknowledges that the only thing that trial counsel argued was that the sentence was excessive well it was that the sentence was excessive  for counsel to teach in this type of decent share it's just unbelievable to me because if i knew that if i were to do something that deliberately agree just i would us suggested gamesmanship but they said look this can be done and maybe we don't necessarily agree how it was done but it still is a valid point that would be gra eventually prove precious i don't think prejudice can be proven here but it's basically that's what it is it's that's one of the problems the other problem is the state in the response of pleading has t can waive waiver in the interest of justice we should go with the case of it because basically what it does is it creates a grandfather for every problem relating to the waiver for sure because it that the defendant should not get the benefit of having this court look at the merits of his argument because of his deliberate failure to attempt to hide th argument i from the court and the people in the event that the people would not know if i mean anything retiring he said because the state can form we can't wait to see if the sticking  so add that to the sixty days he'd be ninety two when he gets out and if the judge would have given a minimum of forty five years make up seventy seven years old seventy seven is a very significant sen purposely going to withhold it hoping that she give it to a fresh growth assistant to the is going to forget it how is it serving your clients i don't i don't think that's what's going on here this is a common occurrence once again the judge heard the witnesses testify that there was shouting the it was loud you know shouting right they would be appear to be talking maybe arguing i don't i don't rage and then the person actually comes home to the car oh so even if you left it at that point you can still be in the nice to be chased by a stranger but nothing happens unfortunately and fortunately it depends at which