you're saying that's reversed we are arguing that we're arguing that while the revocation may have justified based on the other two that the judge also included the allegation that wasn't fashion and it's the nature of that particular allegation the regis contact associated with that allegation that we're questioning the aggravated batteries the other two aggravated batteries were aggravated because they were in a public place the public accommodation moves measurable the allegation was that he court's was very clear on why he sentenced the defendant and that's also why we're asking for you here first was there was a mention of race he mentioned race was inappropriate it was irrelevant and it was unsolicited in this case i'd be more kind of train if his duty to ensure that the defendant received a fair sentencing hearing and instead took up the cause of the public and stated that an individual who cast a bad light on african americans would cause people quote have a back image of black people to then be scared to go to the holiday inn he said that the court said that it would be awful for him to condone the behavior of someone who  much or was very appropriate with respect to other racial comments and the courts knew it was inappropriate because he acknowledged that it was inappropriate he acknowledge inappropriate when he stated specifically to the record that he was african american he knew that he had to the fine his race or those who were not inside the court he knew that the comments that he made with respect to race if made by a not an african american judge there'd be no question as to the inappropriate nature of those comments well really what you're saying is that there are probably those comments i have no place in the court certainly not in the sentencing hearing but they have no place in the courtroom if the if those comments are inappropriate for not african american judge the the original charge and that's not what happened here the judge made numerous comments about the the emotional damage that his violent conduct cause the cost his family  compensate him for that and then you talk about the public he talked about the fact that the public would expect him as the judge to sentence somebody to prison who stabbed another that the defendants sentence was necessary to deter others and then he goes on to are to deter others from committing the same crimes then he goes on to the find what he means by the same crime and he states i'm quoting what i'm really saying is to whoever's listening in this court room in this court room or outside this court room i don't know why you did this he states i don't know why you would have a knife i don't know why you would use a knife i don't know why you hit somebody over the head with a bottle i don't know why at a family meeting with there should be love and kisses and sugar cookies it turns out that's for all those comments go to the my replication of cracks than the state says i mean the court says i can excuse it and then immediately sentences to eighteen year maximum sentence to twelve years and i think it's also important to know that the state in arguing the lack of mitigating factors also u court's clear with its words what its intent was and the state offered no alternative explanation for the court's words and there really is no no alternative explanation told that you had a chance and it was a class one in which in other words it was a serious conviction it was a serious conviction and you were given probation which is not easy to get for that particular conviction and seven  he's going to have to live with that he may not want to come and testify because he still has to live in this family and there's no excuse for it and there is no question but that you have the attitude in character from which you will commit another crime because your response to threats received or otherwise is five vera four sentences necessary to deter a crime i think not saying they are appropriate judge but what i am saying is that you have to decide whether or not he is using the day and age race as an improper sentencing  not i'm only in a position as a lawyer to determine whether it's all right that's the only thing that should be addressed that's the only thing i was important that his for his first charge was a nonviolent charge his second charge oh well the filing of that dealt with a family brawl and i think that's important when families get together and this was kind of a blended family of sorts this wasn't i'm sure unsure of exactly how it was related but when families get together things are a little bit more heated than someone you may meet on the street so i think that this that the court needs to recognize that this was a different type of situation this wasn't a random act of violence this was a heated family situation and sure i am and i appreciate that i just believe that that's a consideration i don't think that just because i think it's different to look at someone's rehabilitat potential when they're constantly getting into fights versus something that may be an anomaly this is kind of just happened which i think the average person can understand i also wanted to and frys the  insufficiency and i wanted to draw the court's attention to the white case which i believe was a fair district case in that case there was an allegation with respect to the it was a probation violation hearing and there were facts that  of based on the two aggravated batteries yes probation could have been revoked but it's considering the other argument that he court based it i see what you're trying to argue is that there's not really sufficient evidence as to the not as to the knife and that's the most and religious are perceived to be the most egregious of the of the issues and that i think form really the the  purpose for the lecture and the the fire that was the you know it was it was really the reason for the sentence so that's why we're bringing it back and i think the white case is very similar consideration evidence of facts that were not in evidence because believe that an expert only an expert can tell if based on looking at a cut whether it was done by a knife or a box it's very similar to here where there